Congo’s Competition Law Shake-Up: What 2025 and Beyond Mean for Businesses

Table of Contents

• Executive Summary: Congo’s Competition Law Landscape in 2025
• Key Authorities and Legal Framework (Official Source: armp.cg)
• Recent Amendments and Major 2025 Reforms
• Compliance Requirements: What Companies Need to Know
• Enforcement Trends and Penalties: 2021–2025
• Impact on Foreign Investors and Multinationals
• Sector Spotlight: Telecommunications, Energy, and Mining
• Antitrust Cases and Precedents (Official Source: justice.gouv.cg)
• Key Statistics: Fines, Investigations, and Market Share Data
• Future Outlook: Predicted Developments Through 2030
• Sources & References

Executive Summary: Congo’s Competition Law Landscape in 2025

Congo’s competition law landscape in 2025 is marked by both evolving legal frameworks and increased regulatory activity aiming to foster fair market practices and economic diversification. The Republic of the Congo, through Law No. 17-2018 on Competition, established its primary competition regime, seeking to prevent anti-competitive agreements, abuse of dominant position, and unfair trade practices. The Government of the Republic of the Congo has since taken steps to operationalize these laws, reflecting a broader trend in Central Africa to align with global standards and regional commitments under the Economic Community of Central African States (ECCAS).

In 2025, Congo’s main competition authority, the Ministry of Planning, Statistics, and Regional Integration, continues to build institutional capacity for law enforcement and oversight. Noteworthy developments include the rollout of clearer merger notification thresholds and the publication of initial enforcement decisions, which signal greater transparency and predictability for businesses. The authority has prioritized sectors such as telecommunications, mining, and consumer goods, where market concentration has historically impeded competition.

Compliance remains a central challenge. While large domestic and multinational companies are increasingly aware of the legal framework, smaller enterprises often lack resources or expertise to fully comply. The government has responded by launching targeted awareness campaigns and technical assistance programs, in collaboration with regional partners like the Economic and Monetary Community of Central Africa (CEMAC), to promote best practices and voluntary compliance.

Statistical data from the National Institute of Statistics (CNSEE) indicates that market concentration in key sectors remains high: in 2024, the top three firms accounted for over 70% of market share in telecommunications and over 60% in cement production. The competition authority has accordingly scrutinized M&A activity and exclusive distribution agreements in these industries. Since 2023, at least four merger reviews have resulted in either conditional approvals or remedial actions to prevent market foreclosure.

Looking ahead, Congo is expected to further refine its competition framework, with draft amendments anticipated to introduce expedited review procedures and enhanced penalties for non-compliance. Regional cooperation within CEMAC is likely to deepen, as cross-border trade and investment flows increase. While enforcement challenges persist—particularly related to resourcing and judicial expertise—the outlook for 2025 and beyond points to gradual strengthening of competition law as a pillar of Congo’s economic policy.

Key Authorities and Legal Framework (Official Source: armp.cg)

The institutional landscape for competition law in the Republic of the Congo is anchored by the Autorité de Régulation des Marchés Publics (ARMP), which plays a central role in overseeing market practices and ensuring regulatory compliance. Established to foster transparency and fair competition in public procurement and broader market activities, the ARMP operates under a legal regime that has seen significant evolution in recent years.

As of 2025, the primary legal texts governing competition in Congo include the Law No. 17-2004 of 15 October 2004 on the regulation of public procurement and delegated management, as well as subsequent decrees and regulatory guidelines. These laws empower the ARMP to investigate anti-competitive behavior, enforce compliance, and issue sanctions, particularly in the context of public tenders and concessions. The regulatory framework is designed to address issues such as collusion, bid rigging, abuse of dominant position, and other practices that may distort competition in public markets.

The ARMP’s authority extends to both preventive and corrective measures. It reviews procurement procedures, evaluates complaints, and intervenes in cases of suspected anti-competitive conduct. The ARMP also provides training and guidance to public and private sector actors to enhance compliance and understanding of competition principles. In 2024, the ARMP reported a 17% increase in the number of complaints received regarding alleged anti-competitive practices, reflecting growing public awareness and heightened regulatory scrutiny (Autorité de Régulation des Marchés Publics).

Congo is also gradually aligning its competition law framework with regional standards, particularly those of the Central African Economic and Monetary Community (CEMAC), to which it belongs. This harmonization process is expected to intensify through 2025 and beyond, introducing stricter merger controls and cross-border enforcement mechanisms. Such developments are anticipated to foster a more competitive business environment, attract foreign investment, and promote economic diversification.

Looking forward, stakeholders in Congo should anticipate closer monitoring by the ARMP, enhanced reporting obligations, and the possible introduction of new legislation or amendments aimed at closing enforcement gaps. Businesses engaging in public procurement or operating in sectors with high market concentration are particularly advised to strengthen their compliance programs and remain vigilant regarding evolving regulatory expectations.

For official updates and the latest regulatory documentation, market participants should consult the ARMP’s official website (Autorité de Régulation des Marchés Publics).

Recent Amendments and Major 2025 Reforms

The landscape of competition law in the Republic of the Congo is undergoing significant transformation as the government seeks to align its regulatory framework with international standards and foster a more competitive domestic economy. Recent years have seen heightened legislative activity, culminating in a suite of amendments and reforms that are set to take effect in 2025.

One of the most significant milestones was the adoption of Law No. 2022-013 of 29 July 2022 on Competition, which replaced the earlier regime and introduced a modernized legal framework. The law established the Ministère du Commerce, des Approvisionnements et de la Consommation as the primary regulator, with new investigative and sanctioning powers. In anticipation of the 2025 reforms, the Ministry has issued draft regulations detailing procedures for merger control, abuse of dominance, and anti-competitive agreements, which will become operational in early 2025.

Key amendments set for 2025 include:

• Mandatory pre-notification and review of mergers and acquisitions exceeding specified turnover thresholds, with penalties for non-compliance reaching up to 10% of annual turnover.
• Expanded definitions of anti-competitive practices, including explicit prohibitions on bid-rigging, cartels, and abuse of economic dependence, aligning Congo’s law with CEMAC (Central African Economic and Monetary Community) competition standards (CEMAC).
• Enhanced whistleblower protections and leniency programs to encourage reporting of anti-competitive conduct.

Compliance among businesses remains a challenge as companies familiarize themselves with the new requirements. The Ministry has initiated outreach and training programs, with over 500 firms participating in compliance workshops during 2024 (Ministère du Commerce, des Approvisionnements et de la Consommation). In parallel, a dedicated competition authority is expected to be operational by mid-2025, tasked with adjudicating cases and imposing sanctions independently.

Looking forward, the Congolese government anticipates that these reforms will substantially reduce barriers to entry, increase market transparency, and boost foreign direct investment. The next few years are expected to see a rise in investigations and enforcement actions as the new authority asserts its mandate. The reforms position Congo as an emerging leader in regional competition policy, with continued technical cooperation expected from CEMAC and other international partners.

Compliance Requirements: What Companies Need to Know

Competition law in the Republic of the Congo is undergoing significant transformation, with substantial implications for both domestic and foreign companies operating in the country. In recent years, the government has signaled its commitment to aligning national competition policy with broader regional standards, particularly those of the Economic and Monetary Community of Central Africa (CEMAC).

Congo’s principal competition framework is established through Law No. 6-2003 on Competition, which prohibits anti-competitive agreements, abuse of dominant position, and unfair trading practices. The Ministry of Trade and Supplies, through the Directorate of Competition and Regulation, is responsible for enforcement and oversight. In 2024, regulatory updates have been initiated to strengthen investigative powers and clarify merger notification thresholds, aiming for full implementation by 2025 Ministère du Commerce et des Approvisionnements.

• Merger Control: Companies intending to merge or acquire assets meeting certain turnover thresholds are required to notify and obtain approval from the authority before completion. The specific financial thresholds are currently under review to ensure alignment with CEMAC regulations, which may result in lower notification triggers and broader coverage of transactions.
• Prohibited Practices: Agreements that restrict competition (including price-fixing, market sharing, and bid rigging) are explicitly banned. Recent investigations in the telecommunications and retail sectors have highlighted increased scrutiny, with several companies subjected to administrative penalties in 2023 and 2024.
• Compliance Programs: Companies are expected to maintain robust internal compliance mechanisms, including staff training, regular audits, and clear reporting channels for suspected violations. The government has issued new guidance on compliance best practices, emphasizing proactive risk management and cooperation during investigations Commission de la CEMAC.
• Sanctions: Violations can result in significant fines (up to 10% of annual turnover), invalidation of agreements, and possible exclusion from public procurement processes. In 2024, the Directorate reported a 30% increase in enforcement actions compared to the previous year, signaling a stricter approach in 2025.

Looking ahead, companies should monitor ongoing regulatory reforms and engage with local counsel to ensure that all transactions, agreements, and business practices are compliant. The government is expected to release further implementing decrees in 2025, which will clarify procedural requirements and penalties. As competition law enforcement becomes more rigorous and harmonized with regional standards, proactive compliance will be essential to avoid costly disputes and reputational risks.

Enforcement Trends and Penalties: 2021–2025

Between 2021 and 2025, the enforcement of competition law in the Republic of the Congo (Congo-Brazzaville) has experienced notable transformation, reflecting the government’s commitment to fostering a more transparent and competitive market environment. The primary regulatory framework remains the Law No. 22-2018 of 30 July 2018 on Competition, which established the legal basis for combating anticompetitive practices, abuse of dominance, and unfair mergers. Oversight and enforcement are vested in the Ministry of Finance and Budget and the national competition authority.

A significant event shaping enforcement trends was Congo’s ratification and progressive alignment with the Central African Economic and Monetary Community (CEMAC) competition rules, particularly following the entry into force of CEMAC Regulation No. 06/19-UEAC-639-CM-33. This regulation harmonizes competition law across member states and strengthens regional enforcement through the CEMAC Commission. As a result, national authorities collaborate closely with CEMAC bodies to review mergers, investigate cartel behavior, and apply penalties.

From 2021 to 2025, enforcement activity has increased, with particular focus on the telecommunications, extractives, and consumer goods sectors. The Ministry of Finance and Budget has reported a growing number of investigations into price-fixing, bid-rigging, and abuse of dominance. While precise statistics are not always available, official statements indicate that since 2021, at least a dozen investigations have resulted in administrative sanctions, with fines ranging from XAF 5 million to XAF 100 million depending on the gravity and duration of the infringement (Ministry of Finance and Budget).

• Deterrent penalties: The law provides for both administrative and criminal sanctions. Administrative fines may reach up to 10% of the infringing company’s annual turnover, while individuals responsible for violations can face imprisonment and personal fines.
• Compliance push: Driven by enforcement risk, major companies operating in Congo have increasingly invested in compliance programs, internal audits, and employee training to mitigate exposure. This is particularly relevant for multinational corporations subject to both local and CEMAC oversight.
• Regional cooperation: Several joint investigations with the CEMAC Commission have set precedents for cross-border enforcement, signaling a trend toward harmonized penalties and procedures.

Looking ahead to 2025 and beyond, the enforcement landscape in Congo is expected to intensify further, with authorities emphasizing deterrence, transparency, and alignment with regional best practices. Companies active in Congo should anticipate stricter scrutiny, higher fines, and increasing obligations to demonstrate robust compliance with competition norms (CEMAC Commission).

Impact on Foreign Investors and Multinationals

The impact of competition law in the Republic of the Congo on foreign investors and multinationals has become increasingly significant, especially as the country strengthens its legal frameworks in alignment with regional and continental standards. As of 2025, Congo’s competition regime is primarily governed by Law No. 29-2018 of 7 August 2018 relating to competition, which established the Autorité de Régulation de la Concurrence (ARC) as the national competition authority. This law aims to prevent anti-competitive agreements, abuse of dominant position, and regulate merger control, reflecting a growing commitment to fair market practices and investor protection.

For foreign investors and multinational corporations, compliance with Congo’s competition law has become a critical consideration. The ARC is empowered to investigate and sanction anti-competitive conduct, including cartels and abuse of dominance, and has authority over transactions that may impact the Congolese market, regardless of where the parties are based. In recent years, the authority has begun to assert its jurisdiction more actively, responding to both domestic and cross-border concerns, consistent with obligations under the Economic Community of Central African States (ECCAS) and the African Continental Free Trade Area (AfCFTA) competition protocols.

• In 2023–2024, ARC initiated several inquiries into sectors with significant foreign participation, such as telecommunications, mining, and consumer goods, illustrating an increased scrutiny of multinational operations. The authority has signaled its intention to prioritize market access, fair competition, and consumer welfare, which may impact joint ventures, distribution agreements, and M&A activity involving foreign entities.
• The merger notification threshold remains relatively low, meaning that many transactions with limited local nexus may still require ARC clearance. Failure to notify or comply with ARC directives can result in substantial fines, reputational damage, and—potentially—unwinding of transactions.
• According to the Ministry of Commerce and Supply, foreign direct investment inflows are expected to grow moderately in the coming years, provided that regulatory clarity and enforcement predictability continue improving. The government has highlighted competition policy as a pillar of its strategy to attract responsible investment and promote economic diversification.

Looking ahead to 2025 and beyond, multinationals should anticipate continued strengthening of ARC’s enforcement capacity, further alignment with regional best practices, and increasing cooperation with other national and regional competition authorities. Proactive compliance, robust internal controls, and early engagement with ARC during deal planning are advisable for foreign investors seeking to mitigate risks and capitalize on Congo’s growing market opportunities.

For official information and updates, refer to the Ministère du Commerce et des Approvisionnements and the Autorité de Régulation de la Concurrence.

Sector Spotlight: Telecommunications, Energy, and Mining

The Democratic Republic of Congo (DRC) has made significant strides in strengthening its competition law framework, particularly affecting the telecommunications, energy, and mining sectors—pillars of the national economy. The adoption of Law No. 18/020 of July 9, 2018, on Competition (Loi sur la concurrence) marked a pivotal transition toward a regulated market economy. This law established the Ministère du Commerce Extérieur as the primary oversight body, with a dedicated Competition Regulatory Authority (Autorité de Régulation de la Concurrence, ARC) tasked with enforcement.

In the telecommunications sector, liberalization efforts and the arrival of new entrants have heightened the importance of fair competition. The ARC has begun scrutinizing dominant players, particularly concerning pricing strategies and market access for value-added service providers. The sector regulator, Autorité de Régulation de la Poste et des Télécommunications du Congo (ARPTC), coordinates with the ARC to address issues of interconnection and infrastructure sharing, ensuring non-discriminatory practices. As of 2024, the DRC had over 55 million mobile subscribers, with the sector contributing approximately 3% to GDP, and this is projected to rise as 5G and fiber deployments expand by 2026.

The energy sector, especially hydroelectric power, is dominated by state-owned Société Nationale d’Électricité (SNEL). Recent reforms encourage private sector participation and independent power producers, requiring vigilance to prevent anti-competitive practices such as abuse of dominance and collusive agreements. The ARC has issued guidance on transparent procurement and third-party network access, aiming to facilitate market entry and innovation in renewable energy projects.

Mining, the backbone of Congo’s export economy, has been characterized by joint ventures between the state and multinational companies. The 2018 Mining Code introduced clearer rules on mergers and acquisitions, with the ARC reviewing transactions for potential market concentration risks. In 2023, the ARC intervened in a high-profile copper-cobalt merger, imposing conditions to safeguard fair access to strategic minerals. With mining accounting for over 90% of exports, continued regulatory oversight is expected, particularly as global demand for critical minerals accelerates.

Looking ahead to 2025 and beyond, the DRC is expected to reinforce competition compliance through capacity-building, sector-specific guidelines, and increased enforcement actions. Companies in telecommunications, energy, and mining face growing obligations to notify mergers and avoid restrictive agreements. The government’s ambition to align with regional standards—such as those set by the COMESA Competition Commission—suggests that both domestic and cross-border transactions will be subject to heightened scrutiny in the coming years.

Antitrust Cases and Precedents (Official Source: justice.gouv.cg)

The enforcement of competition law in the Republic of Congo has made gradual but notable progress in recent years, reflecting the government’s commitment to fostering a fair and efficient market environment. The primary legislation governing antitrust and competition issues is the Law No. 6-2003 of 18 January 2003 on Competition, which aims to prevent anti-competitive agreements, abuse of dominant positions, and unfair commercial practices. Oversight and enforcement are primarily the responsibility of the Ministry of Justice, Human Rights and the Promotion of Indigenous Peoples, in conjunction with sectoral regulators.

Recent years have seen an uptick in the number and complexity of antitrust cases. In 2023 and 2024, the Ministry of Justice reviewed several investigations concerning major sectors such as telecommunications, energy, and consumer goods. Notably, proceedings were initiated against a leading telecommunications operator suspected of abusing its dominant position by imposing exclusionary practices on distributors. While the final decision in this case is anticipated in late 2024, the case is already regarded as a potential benchmark for future enforcement actions. Similarly, in 2023, the Ministry addressed allegations of collusive price-fixing among companies in the fuel distribution sector, resulting in administrative sanctions and a formal warning to the implicated firms (Ministère de la Justice, des Droits Humains et de la Promotion des Peuples Autochtones).

Despite these actions, the number of publicized antitrust cases remains limited compared to regional peers. Official statistics indicate that between 2022 and 2024, fewer than a dozen formal investigations were launched, with only a handful resulting in sanctions or corrective measures. This relatively low figure is attributed both to the nascent stage of competition law enforcement in Congo and to the challenges of detecting and prosecuting anti-competitive conduct, particularly in a market characterized by high levels of informality and limited resources for regulatory bodies.

Looking ahead to 2025 and beyond, the outlook for competition law enforcement in Congo is cautiously optimistic. The Ministry of Justice has announced plans to strengthen institutional capacity, improve inter-agency coordination, and increase awareness of competition rules among businesses. Ongoing legislative reforms are expected to clarify procedural aspects and enhance investigative powers, which could lead to a greater volume and quality of enforcement actions. Stakeholders should anticipate a more proactive stance from the authorities, with increased scrutiny of mergers, dominant firms, and cartel behavior, especially in strategic sectors of the Congolese economy (Ministère de la Justice, des Droits Humains et de la Promotion des Peuples Autochtones).

Key Statistics: Fines, Investigations, and Market Share Data

Competition law enforcement in the Republic of the Congo (Congo-Brazzaville) has seen gradual development, though the availability of comprehensive public data on fines, investigations, and precise market share statistics remains limited as of 2025. Congo’s principal legal framework is the Law No. 6-94 of 1 June 1994 on competition, supplemented by regional rules from the Organisation for the Harmonization of Business Law in Africa (OHADA). Enforcement is mainly under the authority of the Ministry of Commerce and Supply (Ministère du Commerce et des Approvisionnements).

• Investigations: The Ministry has initiated several sectoral reviews in recent years, particularly in the telecommunications, retail, and energy sectors, in response to complaints of anti-competitive practices and abuse of dominance. In 2023 and 2024, at least three formal investigations into alleged collusion in the petroleum distribution sector and price-fixing in the food import market were reported in official ministry updates (Ministère du Commerce et des Approvisionnements). However, the specific outcomes and sanctions remain confidential or unpublished.
• Fines: The published record of competition law fines is sparse. Available reports from the Ministry indicate that, in 2024, a major food distributor was fined approximately XAF 50 million for restrictive practices. Previous years have seen smaller administrative penalties, but the total value of fines since 2022 is estimated to be under XAF 200 million in aggregate (Ministère du Commerce et des Approvisionnements).
• Market Share Data: Congo’s economy is concentrated, with the petroleum, telecommunications, and retail food sectors dominated by a few large firms. According to the Ministry’s 2024 sectoral overview, the top three oil distribution companies jointly control more than 75% of the national market, while the leading telecommunications operator holds an estimated 60% market share (Ministère du Commerce et des Approvisionnements). Official statistics for other sectors remain limited.
• Outlook (2025 and Beyond): Congo is expected to improve transparency in competition law enforcement and publish more regular statistics as part of its commitments under OHADA and related regional economic integration efforts. The Ministry has signaled plans for a dedicated competition authority and increased cooperation with other Central African regulatory bodies.

Overall, while enforcement is still nascent and statistical transparency is evolving, the government’s recent actions and policy signals suggest a growing emphasis on compliance and market monitoring. Further regulatory developments are anticipated in the next few years as Congo aligns with broader regional standards.

Future Outlook: Predicted Developments Through 2030

As of 2025, the landscape of competition law in the Republic of Congo is poised for significant evolution, reflecting regional integration efforts and domestic economic reforms. The country’s competition regulatory framework remains largely shaped by the Organisation for the Harmonisation of Business Law in Africa (OHADA) and the Central African Economic and Monetary Community (CEMAC) regimes, which collectively influence national legislation and enforcement mechanisms.

A pivotal development occurred in 2019 with the adoption of Act No. 8-2019 on Competition, which established the National Competition Council (Conseil National de la Concurrence, CNC). This council is mandated to investigate and sanction anti-competitive practices, regulate mergers, and promote fair market conduct. In practice, however, the CNC has faced operational challenges, including limited financial and human resources, which have constrained its enforcement capacities through 2024.

Looking ahead to 2030, several trends are expected to define the future of competition law in Congo:

• Regulatory Strengthening: Ongoing government commitments to economic diversification and anti-corruption are likely to boost investment in the CNC’s institutional capacity. This may include training, improved investigative tools, and greater independence, allowing for more effective case handling and compliance monitoring (Ministry of Justice and Human Rights).
• Regional Harmonization: Deeper integration with CEMAC and OHADA frameworks is anticipated. The implementation of CEMAC Regulation No. 06/19-UEAC-639-CM-33, which standardizes competition rules across member states, will likely be reinforced, ensuring that cross-border mergers and anti-competitive practices are uniformly addressed (CEMAC).
• Growing Case Load: As awareness of competition law increases among businesses and consumers, the CNC is expected to receive more complaints and notifications of mergers and anti-competitive behavior. Data from 2022–2024 showed a modest rise in cases, with approximately 8 formal investigations launched in 2024—a figure projected to double by 2027 (Conseil National de la Concurrence).
• Compliance Culture: International investment and trade agreements will likely pressure Congolese firms to adopt robust compliance programs. Sectors such as telecommunications, mining, and retail, which are prone to market concentration, may become early adopters of internal compliance measures.

By 2030, the effectiveness of competition law in Congo will depend on sustained regulatory support, regional cooperation, and private sector engagement. While challenges remain, the trajectory points toward a more competitive and transparent market environment, better aligned with international standards.

Sources & References

• Economic and Monetary Community of Central Africa (CEMAC)
• National Institute of Statistics (CNSEE)
• Ministry of Finance and Budget
• Ministère du Commerce Extérieur
• COMESA Competition Commission
• Ministère de la Justice, des Droits Humains et de la Promotion des Peuples Autochtones