SECTOR 2 Generally speaking, Togo’s competition law prohibits any anticompetitive conduct (section I, chapter IV of act No. 99-011 of 28 December 1999). In terms of article 12 of the act, “all forms of concerted action, open or tacit agreements or collusion designed or likely to prevent, restrict or imperil the exercise of competition in a particular market, are prohibited …”. The exploitation of a dominant position in the market as a whole or a substantial part thereof is expressly interdicted by article 13 of the act. More specifically, article 4 of the Press Code act enjoins the state to take “all measures designed to ensure that all information outlets, public or private, print or broadcast, compete equally and freely so that the press and other media of information and communication can fulfil their mission of serving the public interest”. The media law provides that no natural or legal person will be allowed to have direct or indirect control over more than 20% of publications or of radio or television channels. Act No. 2004-021, which governs the operations of the HAAC, further stipulates that the authority must have regard to the “need to prevent abuse of market dominance and any practices that might hamper free competition” when granting licences for the establishment of private radio and television stations. Furthermore, the act empowers the HAAC to make recommendations to the Togolese government for the promotion of competition in the broadcasting sector (art. 32). One panelist observed, however, that in spite of all these provisions, certain media groups – apparently without violating the law – hold a number of information and communication outlets and thus exert considerable influence. For example, the paper Golfe Infos, television station TV7 and radio station Fréquence 1 belong to one and the same group. Scores: Individual scores: 1 Country does not meet indicator 2 Country meets only a few aspects of indicator 3 Country meets some aspects of indicator 4 Country meets most aspects of indicator 5 Country meets all aspects of the indicator Average score: 3.7 AFRICAN MEDIA BAROMETER TOGO 2010 101