Frequently Asked Question
Core functions of ERCA
Last Updated 2 years ago
Under Article 3 of the ERCA Act, ERCA shall perform the following functions:
- Keep under review commercial activities in the Community Market with a view to ascertaining practices which may distort the efficient operation of the market conduct or which may adversely affect the economic interests of consumers;
- Carry out on its own initiative or at the request of private persons or government officials from the Member States or of the Community Court of Justice, such investigations in relation to the conduct of business in the Common Market as will enable it to determine whether any enterprise is engaging in business practices in contravention of the Supplementary Act adopting the Common Competition Rules;
- Preclude and eliminate anti-competitive practices amounting to an abuse of a dominant market position;
- Propose for adoption, through the ECOWAS Commission, to the Council of Ministers, the setting and periodic review of the schedule of fines and various levels of compensation to be applied within the framework of this Supplementary Act;
- At the request of the executive and judicial authorities of Member States and Community institutions, issue advisory opinions regarding the interpretation and application of the Community Competition Rules;
- Cooperate with national and regional competition agencies in taking measures necessary to ensure implementation of the obligations arising from this Supplementary Act;
- Cooperate with and assist any association, intergovernmental organization, or body of persons in developing and promoting the observance of standards of conduct for the purpose of ensuring compliance with the provisions of this Supplementary Act;
- Make available to persons engaged in business as well as to consumers, general information with respect to their rights and obligations under the Supplementary Act adopting the Community Competition Rules;
- Undertake studies and publish reports and information regarding matters affecting the interests of consumers in the implementation of the Supplementary Act adopting the Community Competition Rules;
- As input into the activity report of the Community, prepare and transmit to the President of the ECOWAS Commission, an interim report and an annual report on the activities of the Authority; and
- Contribute to the training of the staff of national competition structures and provide them with support, notably in the management of investigations, creation of a competition-related database, advocacy on competition and consumer protection.