Understanding Competition Law in Nigeria: Exploring Market Dominance and Regulatory Frameworks

Introduction

The Competition law in Nigeria serves as a vital instrument for maintaining a fair and thriving economy. It has undergone significant changes over the years, with the enactment of the Federal Competition and Consumer Protection Act (the “FCCPA”) of 2018 as the primary legislation for regulating competition and consumer protection in Nigeria.

This article provides a summarised overview of the competition landscape in Nigeria, focusing on market dominance and the limitations to the authority of the Federal Competition and Consumer Protection Commission (the “FCCPC”).

General Overview of Competition Laws in Nigeria

The FCCPA is the primary legislation for the regulation of competition, anti-trust, merger control, and protection of consumers in Nigeria. Prior to the FCCPA, Nigeria operated sec-tor-specific competition regimes (mostly merger control), with the relevant regulators enforcing competition regulations contained in their respective enabling legislation and subsidiary enactments. The FCCPA established the FCCPC as the independent and primary regulator for the exercise of the functions and powers granted under the FCCPA, including but not limited to, the promotion of competition in the Nigerian market by eliminating monopolies, prohibiting the abuse of dominant market positions, and penalising other restrictive trade and business practices.