It is section 32 of the Competition Act, 2007 that deals with merger. However, Rule 26(1) of the Competition Commission Procedural Rules, 2008 provides that, until regulations are made by the Secretary of State (Minister responsible for trade) under section 33 of the Act, the Commission shall not conduct investigations of merger situations under section 32 or exercise powers specified under section 51 of the Act (merger directions).
When merger control is brought into operation, measures to address the time limits within which the various phases of merger control are to be completed, will be introduced, but until then any adverse effects from a merger in the Gambia may be investigated on an ex post facto basis by the Commission, if the situation created by the merger constitutes a monopoly situation within the terms of section 31 of the Act under Rule 26 (2) of the Procedural Rules.