Competition Law at Guinea
Here’s an overview of Competition Law in Guinea:
Competition Law in Guinea
1. Legal Framework
Guinea’s competition law is governed mainly by Law No. 2018/009/AN of August 2018 on competition, which establishes the legal basis for regulating anti-competitive practices.
The law aims to promote free and fair competition, prevent monopolistic practices, and protect consumers.
2. Regulator
The competition regime is overseen by the Guinean Competition Authority (Autorité de la Concurrence de Guinée).
This independent administrative body is responsible for enforcing competition rules, investigating violations, and issuing sanctions.
3. Key Provisions
Anti-competitive agreements: Agreements between businesses that restrict competition, such as price-fixing, market sharing, or collusion, are prohibited.
Abuse of dominant position: Firms holding a dominant market position must not abuse this power by engaging in exclusionary or exploitative practices.
Merger control: Transactions that may reduce competition significantly require prior notification and approval by the Competition Authority.
4. Enforcement and Sanctions
The Authority has the power to investigate suspected infringements, request information, and conduct dawn raids.
Penalties can include fines (up to a percentage of the turnover of the offending company), injunctions, and orders to cease unlawful conduct.
Repeat offenders or serious violations may face higher fines or other penalties.
5. Appeals and Judicial Review
Decisions by the Competition Authority can be appealed to the competent administrative or judicial courts in Guinea.
6. International and Regional Context
Guinea is a member of the West African Economic and Monetary Union (UEMOA), and its competition rules align with regional competition policies promoted by the UEMOA Competition Commission.
This regional alignment aims to harmonize competition law enforcement within member states.
If you want, I can provide more details on:
Specific cases or enforcement examples in Guinea.
The interaction between Guinea’s competition law and regional UEMOA rules.
Practical compliance advice for businesses operating in Guinea.
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