NIGERIA Law and Practice Contributed by: Chiagozie Hilary-Nwokonko and Chukwuyere Ebere Izuogu, Streamsowers & Köhn
7.4 Co-Operation With Other Jurisdictions
In contrast, decisions issued directly by the FCCPC are, in the first instance, appealable to the CCPT. Further appeals from the CCPT’s decisions lie with the Court of Appeal. 8.2 Typical Timeline for Appeals Notice of Appeal against the FCCPC decision (including merger review decisions) must be delivered to the Chief Registrar of the CCPT within 30 days of receiving the disputed deci - sion, except where full reasons for the decision were not initially provided, in which case the 30-day period begins only upon receipt of the full reasons. However, as far as is known, there have been no appeals against a merger review decision at the FCCPC, the CCPT or the Court of Appeal. 8.3 Ability of Third Parties to Appeal Clearance Decisions Although the FCCPA does not expressly pro - vide for third-party appeals of merger clearance decisions, it is conceivable that parties with a legitimate interest in the merger or those able to establish locus standi may be permitted to appeal such decisions. Notably, there is no prec - edent for appealing a merger clearance decision issued under the FCCPA in Nigeria, as no such appeal has been lodged to date.
As a matter of policy, the FCCPC encourages the merger parties to facilitate international co- operation between the FCCPC and other com - petition authorities reviewing the same merger. During the pre-notification consultation and actual notification of the merger, the FCCPC encourages the merger parties to disclose the jurisdictions outside Nigeria where the merger is subject to regulatory clearance under merger review rules. Furthermore, the FCCPC encourages the under - takings concerned to submit confidentiality waivers that would enable the FCCPC to share information with other competition authorities outside Nigeria reviewing the same merger. Each waiver is intended to facilitate joint discussion and analysis of a merger as it allows the FCCPC to share relevant information with another com - petition authority reviewing the same merger, including confidential business information obtained from the undertakings concerned. 8. Appeals and Judicial Review 8.1 Access to Appeal and Judicial Review Merger review decisions are subject to appeal. Where a sector-specific regulator, such as the NCC, has issued a merger decision following a competition assessment, the FCCPC must first review it before it may be appealed to the Competition and Consumer Protection Tribunal (CCPT).
9. Foreign Direct Investment/ Subsidies Review
9.1 Legislation and Filing Requirements There is no foreign direct investment/subsidies review legislation in Nigeria, nor are there related filing requirements.
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