African Perspectives on Competition Law in the OHADA Region (notice n° 565873)
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| 005 - DATE AND TIME OF LATEST TRANSACTION | |
| control field | 20250121125638.0 |
| 041 ## - LANGUAGE CODE | |
| Language code of text/sound track or separate title | fre |
| 042 ## - AUTHENTICATION CODE | |
| Authentication code | dc |
| 100 10 - MAIN ENTRY--PERSONAL NAME | |
| Personal name | Bakhoum, Mor |
| Relator term | author |
| 245 00 - TITLE STATEMENT | |
| Title | African Perspectives on Competition Law in the OHADA Region |
| 260 ## - PUBLICATION, DISTRIBUTION, ETC. | |
| Date of publication, distribution, etc. | 2011.<br/> |
| 500 ## - GENERAL NOTE | |
| General note | 35 |
| 520 ## - SUMMARY, ETC. | |
| Summary, etc. | Regional competition laws and policies have started to become common place in the West African legal landscape. The West African Economic and Monetary Union (WAEMU) has had a functioning regional competition law since 2003. CEMAC has a less effective regional competition law, and ECOWAS is in the process of creating a regional competition framework. In this context, it is rather surprising to notice that competition law is not yet harmonized within OHADA, which aims at creating a common business law in its member states. Would a regional competition law and policy contribute to the achievement of OHADA's objective of unifying its member states business law? Would a regional competition law foster foreign direct investment in the OHADA region? Are the objectives generally assigned to a regional competition policy in line with OHADA's objectives? To answer these questions, this paper provides a brief overview of the objectives generally assigned to a regional competition law and policy, which are mainly to promote economic integration, efficiently utilize scare resources, and effectively fight international cartels. OHADA's main objectives of unifying its member states' business law are then discussed against the backdrop of the objectives of a regional competition law. In addition to that intrinsic analysis, the paper also discusses the pertinence of a potential OHADA competition law with regard to the preexisting regional competition laws applicable in the same economic space, mainly those of WAEMU, CEMAC, and ECOWAS. From that analysis, the author argues that the main objective generally assigned to a regional competition law protecting a common market from anticompetitive practices with a regional competition authority in charge of applying is not in line with OHADA's primary objective of unifying its member states' business law. In addition, the preexistence of regional competition laws applicable in the same economic space, which carries the risk of conflicts of jurisdictions that might arise from the competing competences of two or more regional competition laws, would create legal and judicial uncertainty for businesses. Moreover, neither OHADA's institutional framework nor its legislative approach are suitable for regional competition. Finally, the paper discusses the institutional adjustments that would be required if OHADA legislators decided to create a regional framework for competition law. |
| 690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN) | |
| Topical term or geographic name as entry element | Africa |
| 690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN) | |
| Topical term or geographic name as entry element | harmonization |
| 690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN) | |
| Topical term or geographic name as entry element | regional integration |
| 690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN) | |
| Topical term or geographic name as entry element | OHADA |
| 690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN) | |
| Topical term or geographic name as entry element | competition law |
| 690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN) | |
| Topical term or geographic name as entry element | business law |
| 786 0# - DATA SOURCE ENTRY | |
| Note | Revue internationale de droit économique | Vol.XXV | 3 | 2011-10-25 | p. 351-378 | 1010-8831 |
| 856 41 - ELECTRONIC LOCATION AND ACCESS | |
| Uniform Resource Identifier | <a href="https://shs.cairn.info/journal-revue-internationale-de-droit-economique-2011-3-page-351?lang=en&redirect-ssocas=7080">https://shs.cairn.info/journal-revue-internationale-de-droit-economique-2011-3-page-351?lang=en&redirect-ssocas=7080</a> |
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