Cameroon merger control (2019)
Produced in partnership with John W Ffooks & Co
Cameroon merger control (2019)

The following Competition guidance note Produced in partnership with John W Ffooks & Co provides comprehensive and up to date legal information covering:

  • Cameroon merger control (2019)
  • 1. Have there been any recent developments regarding the Cameroon merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Cameroon?
  • 2. Under Cameroon merger control law, is the control test the same as the EU concept of ‘decisive influence’? If not, how does it differ and what is the position in relation to 'minority shareholdings'?
  • 3. Are joint ventures caught by the national merger control provisions (including non-structural, cooperative joint ventures)?
  • 4. What are the merger control thresholds and would a purely foreign-to-foreign transaction be caught (commenting on any ‘effects’ doctrine/policy if relevant)?
  • 5. Are there any specific issues parties should be aware of when compiling and calculating the relevant turnover/asset value for applying the jurisdictional thresholds?
  • 6. Where the jurisdictional thresholds are met, is notification mandatory and must closing be suspended pending clearance?
  • 7. Is it possible to close the deal globally prior to local clearance?
  • 8. Is there a deadline for filing a notifiable transaction and what is the timetable thereafter for review by the CNC?
  • 9. Who is responsible for filing a notifiable transaction (noting also whether there is a specific form/document used and an applicable filing fee)?
  • more

A conversation with Adrien Rangira, partner and head of the OHADA practice of at regional law firm John W Ffooks & Co, on key issues on merger control in Cameroon.

NOTE–to see whether notification thresholds in Cameroon and throughout the world are met, see Where to Notify.

1. Have there been any recent developments regarding the Cameroon merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Cameroon?

There have been no recent developments and there are no 'hot' issues in relation to the merger control regime in Cameroon.

2. Under Cameroon merger control law, is the control test the same as the EU concept of ‘decisive influence’? If not, how does it differ and what is the position in relation to 'minority shareholdings'?

Pursuant to Article 15 of the Law No 98/013 of 14 July 1998 regarding competition in Cameroon (the Competition Law), the control test in that country is not exactly the same as the EU concept of decisive influence.

Article 15 (a) of the Competition Law defines mergers as follows: “a merger means any transfer of assets of one or more companies to another, giving rise to a new company or absorption of the company that sells its assets'.

However, the definition given to the term acquisition by