NIGERIA Trends and Developments Contributed by: Chiagozie Hilary-Nwokonko and Chukwuyere Ebere Izuogu, Streamsowers & Köhn
international oil companies marks a pivotal evo - lution in Nigeria’s economic landscape. Additionally, the operationalisation of the ECO - WAS merger control framework and the for - mal inauguration of the ERCA Council marks a significant step towards regional integration in competition regulation. Nevertheless, until an efficient coordination mechanism is agreed upon between ERCA and national authorities such as the FCCPC, merger parties must remain vigilant in navigating potentially overlapping notification obligations within the region. Concerns about filing fees remain significant, particularly in foreign-to-foreign transactions. However, the broader issue is the urgent need for the current leadership of the FCCPC to pro - vide clear policies and direction. A review of the fee structure, especially considering a cap on these fees, would not only enhance the cost- efficiency of conducting business in Nigeria but also demonstrate responsiveness to legitimate concerns raised by stakeholders. This adjust - ment is justifiable in the public interest, as it could create a more favourable investment cli - mate and promote economic growth. As the Commission develops its institutional identity under new leadership, engaging transparently with stakeholders and ensuring predictability in regulatory processes will be crucial for maintain - ing positive momentum. The FCCPC’s assertive stance in the digital market demonstrated through its enforcement action against Meta and WhatsApp, marks a turning point in Africa’s competition enforcement narrative. The intersectional approach that links data protection violations with abuse of domi - nance sets an innovative regulatory precedent and positions the FCCPC as a thought leader among its continental peers. It also signals to
global digital platforms that Nigeria is prepared to robustly wield its competition and consumer protection laws, even in technically complex and transnational contexts. Looking ahead, several key priorities should shape Nigeria’s merger control and competition enforcement landscape in 2025 and beyond. Clear policy direction The FCCPC must articulate and implement stra - tegic enforcement priorities under its new lead - ership to provide certainty and confidence to The ongoing synergy between the FCCPC and sector regulators should be deepened through formal cooperation frameworks, joint guidance documents, and coordinated review mecha - nisms, especially in complex mergers. Regional harmonisation Nigeria should play a leading role in shaping the ECOWAS competition regime to ensure align - ment with domestic legal obligations while pro - moting efficient cross-border transactions. Fee reform The merger filing fee regime should be reviewed to ensure proportionality, with consideration given to implementing a reasonable cap in line market stakeholders. Regulatory coherence The FCCPC must continue building internal capacity to regulate digital markets, including investments in digital forensics, data science, and economic analysis, to effectively address evolving market dynamics and platform domi - nance. with international best practices. Digital economy enforcement
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