Benin: Competition Authority remains unestablished more than a year after its decree

The National Competition Authority (ANConc) has yet to be established in Benin, more than a year after the decree issued on July 30, 2025, which outlined its responsibilities, composition, and operations. This was noted by the Ministry of Industry and Commerce in an official presentation published online on September 19, 2026.

The ANConc is intended to serve as the national body responsible for various aspects of competition oversight. The decree specifically assigns it the authority to monitor and sanction certain anti-competitive practices, oversee acts of unfair competition and concentration operations, as well as conduct investigations and provide advisory assistance.

The legal framework was restructured in 2025. Law No. 2025-02, dated February 5, 2025, governs competition in the Republic of Benin. Subsequently, Decree No. 2025-487, issued on July 30, 2025, established the responsibilities, composition, and functioning of the National Competition Authority.

The decree defines the ANConc as an administrative structure with jurisdictional characteristics, endowed with legal personality and management autonomy. Its headquarters is located in Cotonou, and the institution is attached to the Presidency of the Republic.

In the presentation from the Directorate of Competition published on September 19, the term “not established” still appears for the National Authority. The Directorate of Competition continues to be responsible for rules related to acts of unfair competition, while competencies regarding anti-competitive practices are also shared with community institutions.

At the level of the West African Economic and Monetary Union (UEMOA), the rules specifically address agreements, abuses of dominant position, and certain state aids. The Economic Community of West African States (ECOWAS) has its own Regional Competition Authority (ARCC), which is competent in the regional context regarding anti-competitive practices, mergers and acquisitions, and leniency programs.

The decree of July 30, 2025, stipulates that the ANConc can conduct investigations on its own initiative, at the request of the government, or under the mandate of the relevant community bodies.