Expression of Interest (EOI) - Development of Procedures Manuals, Reference Guides and Implementing Directive at the Economic Community of West African States (ECOWAS)

The Economic Community of West African States (ECOWAS) is a regional political and economic union of fifteen countries located in West Africa. Collectively, these countries comprise an area of 5,114,162 km², and in 2015 had an estimated population of over 349 million.

Applications are invited for:

Title: Expression of Interest (EOI) - Recruitment of a Consultant for the Development of Procedures Manuals, Reference Guides and Implementing Directive for Community Competition Rules

Reference No.: N° ECW/ERCA-CTCF/ADM/ (DU (005) /15/03/22) kn

Background and Rationale
The ECOWAS Competition Framework was adopted in 2008 through two (2) Supplementary Acts: the Supplementary Act A/SA.01/12/08 adopting the Community Competition Rules and its application modalities, the Supplementary Act A/SA.02/12/08 on the establishment, powers and functioning of the ECOWAS Regional Competition Authority (ERCA) which was officially inaugurated on 12th June 2018 and whose activities have effectively started in January 2019.

The Community Competition Rules aim to promote and encourage competition within the ECOWAS region by discouraging practices that hamper the proper functioning of the regional market. The ERCA is responsible for monitoring the market in order to prohibit agreements, decisions taken by business associations and cartel practices that may disrupt trade between ECOWAS Member States and that have the object or effect of hindering, restricting or distorting competition in the regional market.

For the operationalisation of the general principles described in the two founding texts mentioned above, the ECOWAS decision-making bodies (the Council of Ministers and the Authority of Heads of State and Government) adopted in December 2021 a set of subsidiary regulations: (i) an Supplementary Act amending the Supplementary Act A/SA.02/12/08 which institutes, in particular, the ERCA Council, (ii) a Regulation on the powers and composition of the ERCA Council, (iii) a Regulation on the ERCA procedures, (iv) a Regulation adopting the rules of procedure on mergers and acquisitions, and (v) a Regulation adopting the rules on leniency and immunity.

All these legal texts constitute a major step forward in the effective implementation of the ECOWAS Competition Policy. However, some provisions deserve to be completed and further specified through Procedures Manuals, reference guides, information forms and directives, which, where appropriate, are detailed in the above-mentioned regulations.

Objectives of the Consultation
The purpose of this consultation is to develop reference guides and/or Procedures Manuals, directives in the form of a Regulation or Implementing Regulation to provide additional clarifications and details on specific elements set out in the Supplementary Acts and Regulations relating to the Community Competition Rules and the ERCA.

The present consultation is launched in order to:

• Produce a ERCA Council Procedures Manual describing its composition, organization, powers and functioning, decision-making procedures, the modalities for appointing and convening its members and their profiles, the renewal conditions of their mandate, as well as the conditions for electing or appointing its Chairperson and rapporteur;
• Produce an Executive Directorate Procedures Manual, the duties of the Executive Director and the other Directors, as well as the modalities for the establishment and operation of the Registry Office;
• Develop a guide that specifies the ERCA's jurisdictional rate (threshold) for mergers and acquisitions as well as the threshold indicating a dominant and monopolistic position, taking into account international best practice;
• Produce a Procedures Manual which sets out the terms and procedures for implementing the leniency and immunity programme;
• Develop a guide that specifies the scale of fines and compensation;
• Provide a guide to investigations, as well as the appropriate notification and investigation forms;
• Make amendments to the existing draft directive on consumer protection: include rules on consumer protection through competition law;
• Provide training on the various manuals, guides and forms to ERCA staff and the various actors involved in the application of the Community Competition Rules.

Assignments of the Consultant

• The Consultant's mission is to produce a document comprising the following 7 sections:
  • Section 1: ERCA Council Procedures Manual;
  • Section 2: Executive Directorate Procedures Manual, the duties of the Executive Director and the other Directors, as well as the modalities for the establishment and operation of the Registry Office;
  • Section 3: Reference Guide on the ERCA's jurisdictional rate (threshold) for mergers and acquisitions as well as the threshold indicating a dominant and monopolistic position, taking into account international best practice;
  • Section 4: Procedures Manual on modalities and procedures for implementing the leniency and immunity programme
  • Section 5: Guide to the fines and compensation scale;
  • Section 6: Guide to investigation procedures and notification and investigation forms;
  • Section 7: Amended Consumer Protection Directive including rules on protection in the event of prejudice caused by an infringement of competition law.
• The Consultant will ensure the training of ERCA staff and the various regional and national stakeholders on the various instruments produced and adopted.

Deliverables / Expected Results
Upon completion of the service, the consultant will provide a full report with annexes in hard copy and electronic format, in French and English, including the following deliverables:

• The ERCA Council Procedures Manual;
• The ERCA Executive Directorate's Procedures Manual;
• The Guide on the ERCA's jurisdictional threshold for mergers and acquisitions;
• The Guide to the fines and compensation scale;
• Notification and investigation forms;
• The procedures manual on the implementation rules of the leniency and immunity programme;
• The amended Consumer Protection Directive.

The Consultant will be expected to work in close collaboration with the ERCA and national stakeholders, in particular the members of the Consultative Competition Committee (CCC). The regional and national structures concerned will provide the Consultant with the relevant documents and will assist him in making the necessary contacts with the various actors involved in the execution of the assignment.

Application Closing Date
11:00am (GMT), 7th April, 2022.

Submission of Documents
Expressions of Interest (1 original and 3 copies) can be delivered in sealed envelopes and clearly marked "Recruitment of an Individual Consultant for the Development of Procedures Manuals, Reference Guides and Implementing Directive for Community Competition Rules”, Do not open except in the presence of the Evaluation Committee" to the address below.

The Ecowas Regional Competitive Authority (ERCA) whose address is at:
Bertil Harding, KSMD, Bijilo,
P.O Box 4470,
The Gambia.
Tel :+2202330006/3486966.

Please note that electronic submissions are also accepted and shall be addressed to: knkuako@ecowas.int copy to kkoffi@ecowas.int

Click Here (PDF) for a detailed description of the EOI.