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Ghana urged to fast-track competition law at Accra seminar

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A one-day seminar on competition economics, policy and law has been held in Accra, bringing together legal practitioners, consumer advocates, regulators and members of the judiciary to deliberate on the future of Ghana’s competition regime.

The event, organised by the Competition and Markets Center with support from experts from King’s College London, focused on the urgent need for a comprehensive legal framework to regulate competition and ensure fair market practices.

Opening the seminar, Benson Nutsukpui, Managing Partner of Kuenyehia & Nutsukpui and a former President of the Ghana Bar Association, described Ghana’s current competition regime as fragmented and ill-equipped to deal with modern market challenges. He pointed to the absence of a unified law addressing key issues such as cartels, abuse of dominance and merger control, warning that this gap continues to hinder effective regulation.

“What we do not have is a coherent, economy-wide competition statute that addresses cartels, abuse of dominance, and merger control in a systematic way. The result is a framework that is woefully inadequate to the demands of a modern market economy,” he stated.

Mr Nutsukpui stressed that Ghana stood at a critical policy crossroads, with a draft Competition Policy and Bill yet to be passed, offering what he described as a rare opportunity to build a robust and future-proof legal framework. He cautioned that poorly designed laws could undermine market efficiency, noting that “a competition regime that departs from settled principles… can produce regulatory outcomes that harm the very markets it seeks to protect.”

Delivering the keynote address, Juliet Twumasi-Anokye, Chair of the ECOWAS Regional Competition Authority Council, underscored the importance of aligning Ghana’s domestic framework with regional and continental obligations, including commitments under the ECOWAS Treaty and the African Continental Free Trade Area Protocol on Competition Policy.

“Competition law is at its core protecting the process of competition—not competitors. It must ensure markets remain open, dynamic, and innovative. For us in Ghana, this is not merely a legal, economic or even a political issue; it is a crucial developmental imperative,” she said.

She further emphasised the need for strong institutional capacity, warning that effective enforcement goes beyond legislation. “Effective competition enforcement requires more than legislation—it requires skilled professionals, economic expertise, judicial understanding, and strong investigative tools. Investment in capacity building must remain of the utmost priority,” she added.

Technical insights were provided by Peter Alexiadis, Visiting Professor at King’s College London, who highlighted gaps in the draft Bill, particularly in relation to intellectual property rights and the definition of market power. He cautioned that deviation from internationally accepted standards could produce unintended consequences for markets.

Similarly, David Bailey, Professor of Practice at King’s College London and Standing Counsel to the UK Competition and Markets Authority, called for a balanced regime that ensures strong enforcement while maintaining predictability for businesses, particularly in rapidly evolving digital markets.

The Managing Director of the Competition and Markets Center, Kofi Datsa, described the seminar as a critical opportunity for stakeholder input before the proposed legislation is laid before Parliament.

“Once a bill passes, the architecture is fixed. Today, it is still open. This seminar is designed not merely to educate, but to galvanise stakeholders—lawmakers, regulators, the judiciary, and the business community—to engage with the drafts and ensure that Ghana’s competition law is built on sound principles from the outset. We are grateful to our distinguished speakers and all participants for committing to this critical national conversation,” he said.

Participants included representatives from key regulatory bodies such as the Public Utilities Regulatory Commission, National Communications Authority and National Insurance Commission, as well as industry players and legal practitioners.

The seminar is expected to contribute to shaping Ghana’s competition law framework as the country prepares to align its domestic policies with regional and global standards.

Source:
www.graphic.com.gh

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