Competition Law and Policy in Senegal: A Cautionary Tale for Regional Integration?

Abstract

This article surveys the development of competition policy in Senegal since 1994. It discusses the original Senegalese competition law and its early enforcement and the pre-emption of Senegal’s competition law enforcement by a decision from the West African Economic and Monetary Union (WAEMU) Court of Justice. Because Senegal had begun to develop competition law enforcement competency and the WAEMU is severely lacking in competition law enforcement resources, the pre-emption decision has been a disaster for competition policy in Senegal. Participation in WAEMU is on balance beneficial to Senegal and the Court of Justice is unlikely to revisit its opinion, so this paper examines ways Senegal may rehabilitate competition policy and promote liberal markets within the boundaries of the Court of Justice opinion. While not ideal, use of sector-specific regulations, criminal penalties for cartel behaviour, and aggressive pursuit of competition investigations with an eye to forcing WAEMU action could all provide the necessary oversight to open and preserve liberal markets. The Senegalese National Competition Commission should also undertake appropriate studies to develop a more comprehensive understanding of the Senegalese economy and the competition problems it faces.