By: Binta Jaiteh
Fatoumatta A. Camara, Barrister and Solicitor of the Subordinate and Superior Courts of The Gambia, has called for the participation of lawyers in Competition law framework.
Barrister Camara made the call during a panel discussion on Compliance and Procedural Roles in Competition Law Enforcement at the ECOWAS Regional Competition Authority Conference held here in the Gambia.
According to her, this is a challenge that lawyers face mostly in the Gambia and Africa at large. She says apart from the issue of jurisprudence, there is also the issue of looking at the broader concept of market power and how it really translates to the work of lawyers. “A lot of times, the conversation with principles of competition law is often intertwined with economic analysis. For a lawyer to be able to give good advice to a business. The lawyer needs an understanding of economic principles,” Camara observed.
She added: “For an economist to also be able to offer advice in the market the person needs to understand basic legal principles. So, you will see that the two professions go hand in hand. But in the Gambia, that level of partnership between lawyers and economists is often not seen in the system.”
However, she continued, sometimes when anti-competitive conduct was discovered in the market the reference point was always the economist going to the market research, and then publishing these studies.
She queried that the legal side was not involved adding that for a lawyer to be able to advise a client very well, he/she needed to have an understanding of both perspectives.
“This is the challenge that we still have as far as the Gambia is concerned. I know this is also a challenge that a lot of African countries are facing at the moment.”
“This brings me back to the third challenge. Capacity building, technical integration of the lawyers into the system is a challenge too. This is the first time that the Gambia Bar Association is being invited to such an event.”
“The judicial system is being left out and having competition law framework as part of continuous legal education is something that can enhance our capacity as lawyers on the ground,” Camara added.
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