Claims made under the act carry a serious payload of up to treble damages and the mandatory … It also establishes the Competition and Consumer Protection tribunal to adjudicate over conducts prohibited by the Act and disputes that arise from the provisions of the Act. For instance, some of the powers of the Commission seem to extend beyond the purview of the Act and may encroach on the powers of other Agencies, Regulators and bodies. The Act has many advantages but is not without limitation in some aspects. Application PART II THE COMPETITION AND CONSUMER PROTECTION COMMISSION 4. The fines and penalties under the FCCPA are more stringent. The Federal Competition and Consumer Protection Commission (the “FCCPC”) now has the duty of approving any proposed merger. [5] It should be noted that the Act is not restricted to acts or conducts within Nigeria alone but shall also apply to conduct outside Nigeria. The Tribunal is expected to adjudicate over matters which arise from the operation of the Act. This legislation has been modelled, to a great extent, on the European Union competition law derived primarily from Articles 101 to 106 of the Treaty on the Functioning of the European Union. A consumer is any person who purchases or offers to purchase goods, products and commodities for consumption. This came 17 years after the first idea for a competition law was touted in Nigeria in December 2002. The introduction of a codified set of competition rules into Nigeria’s regulatory oversight framework came as a Prior to the enactment of the Act, there was no single piece of legislation regulating competition in Nigeria. The FCCPA applies to all undertakings and all commercial activities within, or having effect within, Nigeria; it also applies to corporate bodies and agencies of the Government that engage in commercial activities, corporate bodies engaged in economic activities in which the Government has a controlling interest and all commercial activities aimed at making profit and geared towards the satisfaction of demand from the public. In order to induce credibility and a stable enforcement of competition rules, the use of Search Committees made up of industry stakeholders with the requisite technical expertise to make informed selections would be preferred. Unlike the defunct CPC, the FCCPC’s oversight extends beyond just consumer protection issues, and covers all entities in Nigeria - whether they are engaged in … 4.1. Federal Competition and Consumer Protection Act. Page 4 | The Federal Competition and Consumer Protection Act 2019 The Nigerian Government enacted the Consumer Protection Council (CPC) Act in 1992 (amended in 2004) in order to prevent the exploitation of consumers and to eliminate hazardous products from the markets. DOWNLOAD THIS REPORT: 834 VIEWS : Related Reports May 06, 2021 ... A Review of the Consent Requirements Under the BOFIA 2020. [14] This could be inferred to mean that, the Commission has the power to make rules and regulations under other related policies or laws which could interfere with the bodies or agencies set up to administer such laws. Define Nigerian Federal Competition and Consumer Protection Act. Other sector-specific legislations such as the Nigerian Communications Act, 2003, have also attempted to foster competition and regulate antitrust issues to the extent permitted under such laws. Executive Director and … Competition Law and Consumer Protection Max Huffman* I address here the thesis: The debate is ending about whether competition law and consumer protection regulation should be integrated. The Commission can of its own prohibit the making or performing of an agreement or arrangement to which the Act relates, declare any business practice as abuse of dominant position of market power and prohibit the same, after carrying out the necessary investigation. The purpose of the Federal Competition and Consumer Protection Act 2019 is to develop, promote and regulate a fair and competitive market in the Nigerian economy and protect the interest and welfare of consumers by ensuring that goods and services in the Nigerian market are of a high standard. The Act creates the Federal Competition and Consumer Protection Commission, which shall be the body responsible for the implementation of the provisions of the Act. Protection Act. Protection Act. The Act establishes the Federal Competition and Consumer Protection Commission (“the commission”) for the purpose of carrying out the functions, duties and responsibilities as conferred upon it by virtue of the provisions of the Act. Click on 'Federal Materials' and select 'United States Code Annotated'. On Tuesday, February 5, 2019, President Muhammadu Buhari signed the Federal Competition and Consumer Protection Act into law. Rights of a Consumer The functions and powers of the Commission underx the FCCPA, are more robust than the powers of the Council under the repealed CPC Act. There is therefore the tendency for the Commission to be indirectly influenced in carrying out its functions and powers. The question is how integration should be achieved. Competition and Consumer Act 2010. It sets out in detail, the rights of consumers and the available modes of redress where these rights are infringed upon. This includes person to whom services are rendered. Federal Competition and Consumer . A person who is uncooperative and willfully obstructs or interrupts the procedure of the Commission, is liable on conviction of imprisonment for a term not exceeding three years or a fine not exceeding N20,000,000.00 (twenty Million Naira)[13]. [9] The Act also makes detailed provisions for where there is an abuse of a dominant position in the market by an undertaking or an association of undertakings, where an agreement is restrictive, and where a monopoly situation exists, so as to guide the Commission in the exercise of its powers. The Consumer Review Fairness Act protects consumers’ ability to share their honest opinions about a business’s products, services, or conduct in any forum – and that includes social media. In considering whether to approve or disapprove a proposed merger the FCCPC is guided by the provisions of Section 94 of the FCCPA. Notice on the Passage of the Federal Competition and Consumer Protection Act. For example, in an online transaction, it would be illegal for a company to include a provision in its terms and conditions that prohibits or punishes negative reviews by customers. Banking Financial Market. The Federal Competition and Consumer Protection Act is a welcome development and a step in the right direction for putting in place an effective anti-trust legal regime for the country. The Consumer Review Fairness Act makes it illegal for companies to include standardized provisions that threaten or penalize people for posting honest reviews. Consideration of Mergers under the Federal Competition and Consumer Protection Act. C25, Laws of the Federation of Nigeria 2004, establish the Federal Competition and Consumer Protection Commission and Competition and Consumer Protection Tribunal for the development and promotion of fair, efficient and competitive markets in the Nigerian economy to facilitate access by all citizens to safe products and secure the protection … For the purpose of regulating and facilitating competition, the Act also gives the President the power to publish an order in the Federal Gazette, declaring that the prices for goods or services specified in that order be controlled according to the provisions of the Act. Several of its provisions therefore mandate the NCC to protect the interests of consumers against unfair practices23.The NCA treats Quality of Service (QoS) as a consumer protection issue, and even the market/competition regulation The Federal Competition and Consumer Protection Act was enacted by the National Assembly in . The act applies to virtually every business sector. Consumer Protection: Consumer protection is one of the cardinal objectives of the NCA. The purpose of the Federal Competition and Consumer Protection Act 2019 is to develop, promote and regulate a fair and competitive market in the Nigerian economy and protect the interest and welfare of consumers by ensuring that goods and services in the Nigerian market are of a high standard. The Act, among other things, repealed sections 118-128 (excluding section 121(1)(d)) of the Investments and Securities Act, 2007), thereby vesting the power to approve mergers with the Federal Competition and Consumer Protection Commission (“Commission”) … [11] The focus of the Commission when considering a merger or a proposed merger is on the competition and anti-trust implications of such a merger. This is further evidence that proactive steps are being taken to create a more competitive Nigerian market. This Act establishes the Federal Competition and Consumer Protection Commission and the Competition and Consumer Protection Tribunal for the promotion of competition in the Nigerian markets at all levels by eliminating monopolies, prohibiting abuse of a dominant market position and penalising other restrictive trade and business practices. Act No. [7] The CPC Act included provisions to protect the consumer against exploitation by business owners, harmful business practices of manufacturers, under the CPC Act the focus was more on the elimination of hazardous products from the market, while the FCCPA aims at promoting efficiency in the emerging Nigerian economy by eliminating barriers and operational obstacles in the form of abuse of dominant power as well as unconscionable marketing, trading and harmful business practices of manufacturers, wholesalers, retailers etc. The provisions of the Act in Section 63 and 64 also apply to patented products in Nigeria, thereby causing an overlap between the functions of the Trademarks, Patent and Design Registry of the Federal Ministry of Industry, Trade and Investment and the Commission.[16]. It is envisaged that the effective implementation of the Act will foster the advancement of the Nigerian economy by creating an enabling business environment for healthy competition … General Overview of the Federal Competition and Consumer Protection Act 2019. On 5th February, 2019, the Federal Competition and Consumer Protection Act, 2019 (the “Act”), was enacted. An Act to repeal the Consumer Protection Act Cap. This includes person to whom services are rendered. Prior to the enactment of the Federal Competition and Consumer Protection Act (FCCPA) 2019, it was the Consumer Protection Act that had a restrictive protection of consumers. The Act aims at promoting a competitive market and protecting consumer rights in Nigeria. On the 5th of February 2019, President Muhammadu Buhari assented to the Federal Competition and Consumer Protection Act (“FCCPA” or “The Act”). Federal Competition and Consumer Protection Act 2018.pdf. The Federal Competition and Consumer Protection Act 2019, is a welcome legislation that is robust enough to achieve its objectives and open up the Nigerian market to small and medium scale businesses by removing monopolies and market dominance by one business, alongside protecting Nigerian consumers and their rights. Download Merger Review Regulations. - C2019C00149. Federal Competition and Consumer Protection Act 2018.pdf. Furthermore, Section 3 (2) of the FCCPA states that the Commission shall be an independent body; however the appointment of the Chairman and the Board of Commission is done by the President, subject to confirmation by the Senate. View Series. Competition and Consumer Act 2010. All Rights Reserved. The Sherman Antitrust Act. The Federal Competition and Consumer Protection Act is a welcome development and a step in the right direction for putting in place an effective anti-trust legal regime for the country. The Commission of its own has the power to prevent the circulation of goods and services which constitute a public hazard or an imminent hazard, [8] unlike the CPC Act which only gave the Consumer Protection Council (“Council”), the power to apply to court to prevent the circulation of such goods and services. The Federal Competition and Consumer Protection Commission (FCCPC) is a Federal Agency under the Federal Ministry of Trade and Investment that is responsible for competition and consumer protection in Nigeria. means the Guidelines and Procedures for Obtaining Minister’s Consent to the Assignment of Interests in Oil and Gas Assets 2014, issued pursuant to the Nigerian Petroleum Act;means the Federal Competition and Consumer Protection Commission Act, 2018; 08/02/2019. [15] These powers are similar to the powers accorded to the Standards Organization of Nigeria (SON) and National Agency for Food and Drug Administration and Control (NAFDAC) and as a result, an overlap of function and authority. The Act contains comprehensive provisions in relation to competition and has made significant modifications to the merger control regime. Energy and Natural Resources. Open. Arbitration. “In so far as this Act applies to an industry or sector of an industry that is subject to the jurisdiction of another government agency by the provisions of any other law, in matters or conducts which affect competition and consumer protection, this Act shall be construed as establishing a concurrent jurisdiction between the Commission and the relevant government agency, with 1) Act 2019. Short title and commencement 2. Sherman Act 26 … THE ENACTMENT OF THE FEDERAL COMPETITION AND CONSUMER PROTECTION ACT | FEBRUARY 2019 www.jacksonettiandedu.com The Enactment of the Federal Competition and Consumer Protection Act Introduction Indeed, monopoly hinders the growth of any sector of an economy or any market where it subsists, particularly an emerging market like Nigeria. (The law doesn’t apply to … Review of the impact of the Federal Competition and Consumer Protection Act 2019 on Merger Control in Nigeria. For complete classification of this Act to the Code, see section 58 of this title and Tables. Under the FCCPA, the Commission can act independently of the Court system and is not subject to the discretion and procedures of the court. December 2018, and subsequently signed into law by President Muhammadu Buhari in January 2019. Functions of Commission 6. The FCCPA repeals the Consumer Protection Act, Cap 25, Laws of the Federation of Nigeria, 2004, establishes the Federal Competition and Consumer Protection Commission (“the Commission”); and the Consumer Protection Tribunal (“the Tribunal”) to facilitate efficient, fair and competitive markets in Nigeria. This review seeks to provide a general overview of the Federal Competition and Consumer Protection Act, highlight some of the changes that have been introduced and analyse the implication of such changes on transactions undertaken in the Nigerian market. The New Hampshire Consumer Protection Act is one of the most frequently litigated statutes in New Hampshire’s state and federal courts. The annotated version provides valuable section by section commentary. [19] Also, rather than depending solely on budgetary allocation, perhaps a better way of funding the FCCPA, would have been through a combination of different sources such as a mix of general revenues, fees or fines. Rights of a Consumer EXPLANATORY MEMORANDUM. December 2018, and subsequently signed into law by President Muhammadu Buhari in January 2019. 639 VIEWS : ECONOMY. It also establishes the Federal Competition and Consumer Protection Commission (the “Commission”), which has the responsibility of initiating broad-based policies, advising the Federal Government on national policies relating to competition and consumer protection, performing adjudicatory roles, eliminating anti-competition agreements, enforcing provisions of the FCCP Act and rules and regulations made pursuant to the FCCP Act. An Act relating to competition, fair trading and consumer protection, and for other purposes. In 2018, the commission was established by the Federal Competition and Consumer Protection Act to develop and promote fair, efficient and competitive … In force - Superseded Version. 51 of 1974 as amended, taking into account amendments up to Treasury Laws Amendment (2019 Measures No. ... Federal Competition and Consumer Protection Act. Federal Competition and Consumer Protection Act 2018.pdf. It is important for Commission to work in concert with other agencies which have similar functions and power, so that the desired effect of enhancing competition and protecting consumer’s interests can be achieved. The Act gives the Commission the power to cause quality tests to be conducted on consumer goods as it deems necessary, it also has the power to compel manufactures, suppliers, dealers, importers, wholesalers, retailers etc. [1] The FCCPA repeals the Consumer Protection Council Act (the “CPC Act”), Cap C25, LFN, 2004 and sections 118 -128 of the Investment and Securities Act, CapI24 Laws of the Federation of Nigeria, 2004. Business Advisory . While section 104 gives the FCCPA supremacy over all other provisions of any other law in all matters relating to competition and consumer protection, this has the tendency to create an overlap and an interference with the roles and functions of other institutions and agencies. Notwithstanding the provisions of any other law but subject to the provisions of the constitution of the Federal Republic of Nigeria, in all matters relating to competition and consumer protection, the provisions of this Act shall override the provisions of any other law. The provisions of the Act give the Commission sufficient authority to oversee and regulate the Nigerian market in a manner that ensures the elimination of hazardous goods and services, anti-competitive agreements, misleading and unfair trading and business practices, but this can only be achieved with a proper understanding and enforcement of these provisions. The general regulation of competition and antitrust matters in Nigeria has historically been subject to the regulatory oversight of the Securities and Exchange Commission (the “SEC”), the apex regulator of the securities market in Nigeria. On January 30, 2019, Nigeria joined the ranks of countries with a competition regime upon the enactment of the FCCPA. THE COMPETITION AND CONSUMER PROTECTION ACT, 2010 ARRANGEMENT OF SECTIONS PART I PRELIMINARY 1. The Federal Competition and Consumer Protection Commission (FCCPC) is the foremost competition and consumer protection authority in Nigeria. [10] Therefore, in a situation where competition is limited in a particular market, the President, upon a submission of a report by the Commission, has the power to make a declaration that certain goods and services should be provided to consumers at an authorized price. The Commission is therefore capable of dispensing severe punishment where there is non-compliance and developing a respect for the authority of the Commission among businesses and persons engaged in commercial activities. It is, at the same time, one of the most unpredictable and changing areas of state law. The review would also seek to identify areas of concern and/or conflict with existing legislation that may require … Get in touch with our business law attorneys at one of our offices in Lagos, Abuja, or Port Harcourt. [6], COMPARISON BETWEEN THE FEDERAL COMPETITION AND CONSUMER PROTECTION ACT AND THE CONSUMER PROTECTION COUNCIL ACT. Federal Competition and Consumer Protection Commission | FCCPC is the apex consumer protection agency in Nigeria established to improve the well-being of the people. more ... to find codified and more up to date versions of the acts. The Federal Competition and Consumer Protection Act, 2019 ("FCCP Act" which was enacted recently has copious provisions on the right of a consumer. Continuation and re-naming of Zambia Competition Commission 5. The … Interestingly, the Tribunal is also empowered to hear appeals from, or review any decision from the exercise of the powers of any sector specific regulatory authority in a … Supremacy of the Federal Competition and Consumer Protection Act. Pursuant to Section 17,18 and 163 The Federal Competition and Consumer Protection Commission hereby issues the Merger Review Regulations 2020 with ancillary instruments to govern the notification and review of mergers under Part XII of the Federal Competition and Consumer Protection Act 2018. - C2020C00264. View Series. Copyright © Odujinrin & Adefulu 2021. http://sec.gov.ng/notice-on-the-passage-of-the-federal-competition-and-c... http://regulationbodyofknowledge.org/wp-content/uploads/2013/03/Berg_Designing_an_Independent.pdf. The power to prohibit or approve mergers now rests with the Commission and no longer the Securities and Exchange Commission. This Act, referred to in subsecs. Federal Competition and Consumer Protection Act 2018.pdf. Powered by. The Federal Competition and Consumer Protection Act was enacted by the National Assembly in . This way, it is more difficult for any single source of funding to dominate the budget and influence the Commission’s activities.[20]. The Commission was established by the FCCPC Act to, among other functions, develop and promote fair, efficient and competitive markets in the Nigerian economy, facilitate access … Possible Violation [s] of Patient/Consumer Rights under the Federal Competition and Consumer Protection Act; and Extant Laws in Providing Medical Attention/Urgent Care. The Act through the establishment of the Commission and Tribunal seeks to promote competition in Nigerian markets at all levels, by eliminating monopolies, prohibiting the abuse of a dominant market position and penalizing other restrictive trade and business practices. The funding of the Commission and the Tribunal also comes from the budgetary allocation and the government of the Federation. The Federal Competition and Consumer Protection Act 2019 (The Act) is one of the most anticipated and desired legislations in Nigeria especially in the commercial sector. Open. This Act establishes the Federal Competition and Consumer Protection Commission and the Competition and Consumer Protection Tribunal for the promotion of competition in the Nigerian markets at all levels by eliminating monopolies, prohibiting abuse of a dominant market position and penalising other restrictive trade and business practices. to certify that all standards are met in their goods and services and give public notice of any health hazards associated with their goods and services. It is envisaged that the effective implementation of the Act will foster the advancement of the Nigerian economy by creating an enabling business environment for healthy competition … The Federal Competition and Consumer Protection Act, 2019 (" FCCP Act " which was enacted recently has copious provisions on the right of a consumer. L. 114–258, Dec. 14, 2016, 130 Stat. [4] This means that the Commission is focused on prohibiting commercial agreements or practices that restrict free trading and competition between businesses and ensuring that goods and services made available in the Nigerian market are of a certain standard and quality similar to international best practices. ugochukwu mbakogu “In so far as this Act applies to an industry or sector of an industry that is subject to the jurisdiction of another government … A consumer is any person who purchases or offers to purchase goods, products and commodities for consumption. The new law makes ample provision against the creation of monopolies and anti-competition practices. The FCCP Act introduces significant changes to Nigerian law including the repeal of the merger provisions in the ISA 2007 and the Consumer Protection Act, 2003. Interpretation 3. [2] The Act establishes the Federal Competition and Consumer Protection Commission (the “Commission”), which is responsible for the administration and enforcement of the provisions of the Act. The Commission also has the power to summon and examine witnesses, administer oaths, require that any document submitted to it be verified by affidavit. The Act provides for the establishment of a Competition and Consumer Protection Tribunal (“Tribunal”). Includes chapters on credit reporting agencies and consumer protection as well as monopolies and unfair competition. [3] This Tribunal has jurisdiction throughout the Federation. The stringent penalties will most likely cause businesses and undertakings to comply with the rules and regulations of the Act. However, with the assent of the President of Federal Republic of Nigeria to the Federal Competition and Consumer Protection Act, 2019 (the “FCCP Act”) on 30 January 2019, a comprehensive legal framework for the regulation of competition and anti-trust issues in Nigeria has been established. It is against this backdrop that we, at Alliance Law Firm, welcome the introduction of the Federal Competition and Consumer Protection Act (FCCPA) 2018, which represents a more robust attempt to address the anti-competitive practices and weak consumer rights culture prevalent in Nigeria. In addition, a Competition and Consumer Protection Tribunal (the “Tribunal”), is established and is conferred with the jurisdiction to: (i) hear appeals from or review any decision of the Commission taken in the course of the implementation of any provisions of the FCCP Act; (ii) hear appeals from or review any decision from the exercise of powers of any sector-specific regulatory authority in a regulated industry with respect to competition and consumer protection matters; and (iii) issue orders and make rulings as may be necessary for the performance of its functions under the FCCP Act. competition legislation, Nigeria finally passed the Federal Competition and Consumer Protection Act 2019 (“FCCPA” or the “Act”) in the first quarter of 2019. Litigation, Dispute Resolution & Risk Management, Telecommunication, Media, Entertainment & Technology, Venture Technology & Emerging Growth Companies. [17] The President also has the power to renew the term of each commissioner[18], and the power to suspend or remove a commissioner where he contravenes the provisions of Section 8 of the Act. May 13, 2021. [12] Likewise, the tribunal can conduct proceedings in its own right and the decisions of the tribunals are binding and enforceable. Author(s): ATINUKE DOSUNMU. [10] The Bill provides that the commission shall be independent in the performance of its functions, duties, powers and responsibilities so … In force - Superseded Version. (d)(2)(A) and (f), is Pub. 3) Act 2020. However, the FCCPA broaden the extent of the protection and even establishes the Federal Competition and Consumer Protection Commission as well as the Consumer Protection Tribunal … The provisions of the Act give the Commission sufficient authority to oversee and regulate the … The FTC has tips to help your company comply with the law. 1355, known as the Consumer Review Fairness Act of 2016, which enacted this section and provisions set out as a note under section 58 of this title. The establishment of the Commission and the Tribunal has provided the much needed regulatory and legal framework for competition and consumer protection within the Nigerian economy. Federal Competition and Consumer . The Act repealed the Consumer Protection Council Act, dissolving the Consumer Protection Council, and established the Federal Competition and Consumer Protection Commission (‘FCCPC’) in its stead. Prior to the passage of the Federal Competition and Consumer Protection Act 2018 (the FCCPA), the legal and regulatory framework on competition in Nigeria was fragmented. Apply for Merger. 2. REVIEW OF THE PROPOSED ACT 2.1 Establishment of the Federal Competition and Consumer Protection Commission Section 3 of the Bill creates the Federal Competition and Consumer Protection Commission whose functions range from the administration and enforcement of the proposed Act to developing rules, guidelines and regulations that would ensure its effective … According to Commissioner Kovacic of the U.S. Federal Trade Commission, “consumer protection laws are important complements to competition … As one of the top law firms in Nigeria we provide legal services to national and multi-national companies and clients for their commercial law matters, whether it’s related to Banking & Financial Law, Labour Law, Intellectual Property Law, International Trade Law, Environmental Law or Real Estate Law. CONSUMER PROTECTION IN NIGERIA. A comparison of FCCPA and the repealed CPC Act reveals several significant changes to the legal framework for competition and consumer protection in Nigeria. An Act relating to competition, fair trading and consumer protection, and for other purposes. For example, section 17(b) gives the Commission the power to make rules and regulations under the FCCPA as well as any other enactment. It has the power to make rules and regulations regarding competition in the market and protection of consumers.
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