By Emmanuel Kwada
In a landmark ruling, the Federal High Court in Lagos has affirmed the Federal Competition and Consumer Protection Commission’s (FCCPC) statutory authority to regulate competition and consumer protection across all sectors, including telecommunications. This decision is a significant win for the FCCPC, as it reinforces its mandate as the primary authority responsible for preventing anti-competitive practices and protecting consumers in Nigeria.
The case, which was instituted by Emeka Nnubia, a shareholder of MTN and a legal practitioner, sought to halt the FCCPC’s investigation into MTN Nigeria. However, the court ruled that the FCCPC acted within its statutory powers in issuing a Summons to MTN Nigeria as part of its ongoing inquiry into potential anti-competitive practices.
The court also held that the FCCPC’s request for information from MTN did not violate any data protection laws, including the Nigeria Data Protection Act 2023 and the NCA 2003.
Federal High Court in Lagos has affirmed the Federal Competition and Consumer Protection Commission’s (FCCPC) statutory authority to regulate competition and consumer protection across all sectors
This ruling has significant implications for the telecommunications sector in Nigeria, as it clarifies the regulatory landscape and ensures that both the FCCPC and the Nigerian Communications Commission (NCC) share concurrent jurisdiction over competition matters. The court’s decision aligns with global best practices, where consumer protection regulators collaborate with industry-specific regulators to promote fair competition and consumer welfare.
The FCCPC has been actively investigating several major players in the telecommunications sector, including MTN, over alleged anti-competitive practices.
This ruling is a major victory for the commission and reinforces its commitment to protecting consumers and promoting competition in Nigeria. As the FCCPC continues to investigate and regulate the telecommunications sector, this ruling will have a significant impact on the industry and ensure that consumers are protected from unfair practices.
