NIGERIA Trends and Developments Contributed by: Chiagozie Hilary-Nwokonko and Chukwuyere Ebere Izuogu, Streamsowers & Köhn
Data privacy as consumer protection The FCCPC interpreted non-compliance with data protection obligations as a violation of con - sumer protection legislation, thereby justifying enforcement under the FCCPA. Intersection of data protection and competition law The regulatory decision establishes that unlaw - ful processing of personal data may constitute an abuse of dominance under competition law, setting a precedent for future regulatory actions in data-driven markets. Conclusion As Nigeria enters 2025, the country’s merger control regime continues to mature, bolstered by clearer judicial pronouncements, increased transaction volumes, and deepening inter-agen - cy coordination. The Federal High Court’s affir - mation of the FCCPC’s concurrent jurisdiction in the telecommunications sector is a watershed moment, dispelling long-standing uncertainties regarding the scope of sector-specific regula - tory powers and reinforcing the FCCPC’s central role as the lead competition authority. Except for the financial services sector – where BOFIA has expressly assigned merger control respon - sibilities to the CBN – market participants must engage proactively with the FCCPC when struc - turing notifiable transactions across all other sectors. The data from 2024 reflects both a rise in inves - tor confidence and an enhanced awareness of the legal obligations imposed by the FCCPA. The increasing trend of merger notifications, par - ticularly in strategic sectors such as oil and gas, underscores a dynamic shift in market structure and ownership, with local players playing a more prominent role. The emergence of indigenous entities as major acquirers in divestments by
Meta and WhatsApp appealed this decision to the CCPT. On 25 April 2025, the Competi - tion and Consumer Protection Tribunal (CCPT) delivered its judgment in the appeal. The CCPT dismissed the appeal in its entirety, affirming the validity of the FCCPC’s orders and confirm - ing the Commission’s authority to investigate, adjudicate, and impose sanctions in matters concerning consumer protection, competition and data privacy. The CCPT held, among other things, that the Appellants (Meta and What - sApp) were afforded fair hearing throughout the proceedings and that the FCCPC’s findings on abuse of dominance and non-compliance with Nigerian data protection laws were properly established. It further upheld the lawfulness of the investigation costs and administrative pen - alties imposed by the Commission. In addition, the CCPT issued binding directives requiring Meta to immediately restore Nigerian users’ data rights, cease specified data-sharing practices, update and submit a compliant privacy policy for regulatory approval, cooperate with an inde - pendent compliance audit, and pay an adminis - trative penalty of USD220 million and investiga - tion costs of USD35,000, with all orders effective from 30 April 2025. FCCPC’s decision marks a significant develop - ment in digital market regulation in Africa. It is the first instance of an African competition authority enforcing competition law in the digital economy and imposing a substantial administrative pen - alty. The FCCPC’s approach underscores three critical regulatory takeaways. Competition enforcement in digital markets The decision demonstrates the willingness and capacity of a competition authority in Africa to address competition concerns in the digital economy.
426 CHAMBERS.COM
Powered by FlippingBook