FEDERAL COMPETITION AND CONSUMER PROTECTION ACT, 2018

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EXPLANATORY MEMORANDUM

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.

FEDERAL COMPETITION AND CONSUMER PROTECTION ACT, 2018

ARRANGEMENT OF SECTIONS

PART – OBJECTIVES AND SCOPE OF APPLICATION

  1. Objectives.
  2. Scope of application.

PART II – ESTABLISHMENT OF THE  FEDERAL COMPETITION AND CONSUMER PROTECTION COMMISSION

  1. Establishment of the Federal Competition and Consumer Protection Commission.
  2. Composition of the Commission.
  3. Tenure of office.
  4. Resignation from the Commission.
  5. Removal from office.
  6. Vacancies.
  7. Emoluments of Members of the Commission.
  8. Administration of the Commission.
  9. Proceedings of he Commission .
  10. Quorum.
  11. Validity of proceedings.
  12. Conflicts of interest.
  13. Committees.
  14. The Seal of the Commission.

PART III — FUNCTIONS AND POWERS OF THE COMMISSION

  1. Functions of the Commission.
  2. Powers of the Commission.

PART IVE – MANAGEMENT AND STAFF OF THE COMMISSION

  1. Secretary to the Commission.
  2. Other staff of the Commission.
  3. Staff regulations.
  4. Pension and gratuity.

PART V – FINANCIAL PROVISIONS

  1. Fund of the Commission.

24      Expenditures of the Commission.

  1. Annual estimates and expenditure.
  2. Annual reports.

PART VI – ENFORCEMENT WARRANTS AND REQUESTS FOR INFORMATION

  1. Enforcement powers of the Commission.
  2. Issuance of warrant.
  3. Powers conferred by warrant.
  4. Duties of a person executing a warrant.
  5. Duties of occupiers.
  6. Request for information or documents.
  7. Summons to attend and give evidence or to produce documents.

34      Procedures for handing of evidence by the Commission.

  1. Prohibition of disclosure of information, documents.
  2. Destruction of records.
  3. Discontinuance of inquiry or investigation.
  4. Appeals.

PART VII – THE COMPETITION AND CONSUMER PROTECTION TRIBUNAL

  1. Establishment of the Competition and Consumer Protection Tribunal.
  2. Composition of the Tribunal
  3. Tenure of office.
  4. Disqualification from membership of the Tribunal.
  5. Resignation and removal.
  6. Filing of vacancies.
  7. Registrar of the Tribunal.
  8. Other staff of the Tribunal.
  9. Jurisdiction of the Tribunal.
  10. Management of the work of the Tribunal.
  11. Disclosure of interest by members of a panel.
  12. Procedural Rules of the Tribunal.
  13. Powers of the Tribunal to impose penalties.
  14. Powers of the Tribunal to order sale of assets.
  15. Access to records of the Tribunal.
  16. Registration and enforcement of the decisions of the Tribunal.
  17. Judicial review by the Court of Appeal.
  18. Right to legal representation.
  19. Payment of allowances and other conditions of employment of the members of the Tribunal.
  20. Funding of the Tribunal.

PART VIII – RESTRICTIVE AGREEMENTS.

  1. Prohibition of agreements in restraint of competition.
  2. Agreements authorised by the Commission.
  3. Prohibition of agreements containing exclusionary provisions.
  4. Agreements by suppliers.
  5. Prohibition of minimum resale price maintenance.
  6. Patented products.
  7. Maintenance of minimum resale prices.
  8. Withholding of products from a dealer by a supplier.
  9. Complaints to and issuance of notice by the Commission of restrictive agreements.
  10. Exceptions.
  11. Offences and penalties under this Part

PART IX – ABUSE OF A DOMINANT POSITION

  1. Dominant position and abuse of dominant position in the relevant market
  2. Criteria for identifying the relevant market.
  3. Abuse of a dominant position prohibited.
  4. Consequences of abuse of a dominant position.
  5. Penalties for failure to comply with a cease order.
  6. Suspension of punishment.

PART X – MONOPOLY

  1. Power of the Commission to investigate a monopoly situation.
  2. Determination of a monopoly situation by the Commission.
  3. General powers of the Commission to obtain information.
  4. Supplementary provisions as to the requirement to furnish information.
  5. Penalties for refusal to furnish information to the Commission.
  6. Order for monopoly investigation.
  7. Request for a monopoly investigation.
  8. Notification of a request for a monopoly investigation.

84      Report on a monopoly investigation.

  1. Timeframe for a report on a monopoly investigation.
  2. Powers of the Tribunal in relation to a report on a monopoly investigation.
  3. General provisions relating to orders made under this Part.

PART XI – PRICE REGULATION

  1. Declaration of price regulations.
  2. Commission to report to the President on price regulation.
  3. Regulated goods or services to be supplied in accordance with authorised prices
  4. Retention of accounting and costing records by suppliers or distributors.

PART XII – PRICE MERGERS

  1. Merger defined.
  2. Commission to approve mergers.
  3. Consideration by the Commission of effect of a merger on competition.
  4. Notification requirements for a small merger.
  5. Notification of a large merger.
  6. Power of the Commission to extend the period of consideration of a larger merger.
  7. Investigation of a proposed merger.
  8. Revocation of merger approval.
  9. Powers of the Minister.
  10. Power to hear persons in merger proceedings.
  11. Provisions of documentations on proposed merger to the Commission.
  12. Appeals.

PART XIII — REGULATED INDUSTRIES

  1. Supremacy of the Federal Competition and Consumer Protection Act.
  2. Designation of regulated industries.
  3. Exemption of regulated industries.

PART XIV – SPECIFIC OFFENCES AGAINST COMPETITION

  1. Price-fixing.
  2. Conspiracy.
  3. Bid-rigging.
  4. Obstruction of investigation or inquiry.
  5. Offence against records.
  6. Giving of false or misleading information.
  7. Failure to attend or give evidence.

PART XV – CONSUMERS’ RIGHTS

  1. Right to information in plan and understandable language.
  2. Disclosure of price of goods or services.
  3. Product labelling and trade descriptions.
  4. Disclosure of reconditioned or second-hand goods.
  5. Sales records.
  6. Consumer’s right to select suppliers.
  7. Consumer’s right to cancel advance reservation, booking or order.
  8. Consumer’s right to choose or examine goods.
  9. Consumer’s right to return goods.
  10. General standards for the marketing of goods and services.
  11. Right to fair dealings.
  12. False, misleading or deceptive representations.
  13. Representation test and publication testimonials.
  14. Unfair, unreasonable or unjust contract terms.
  15. Notice required for certain terms and conditions.
  16. Prohibited transactions, agreements, terms or conditions.

130    Rights pertaining to the quality and safety of goods and services.

  1. Consumers’ rights to safe, good quality goods.
  2. Implied warranty of quality.
  3. Safety monitoring and recall.

PART XVI – DUTIES OF MANUFACTURERS, IMPORTERS, DISTRIBUTOR AND SUPPLIERS OF GOODS AND SERVICES

  1. Duty to label goods properly.
  2. Duty to withdraw hazardous goods from the market.
  3. Liability for defective goods.
  4. Liability arising from sale or supply of goods not to be excluded.
  5. Liability for breach of implied obligations by law.
  6. Miscellaneous contracts under which goods pass
  7. Liability for misrepresentation.
  8. Evasion by means of secondary contract.
  9. Supply of Services.
  10. Implied term about time for execution of contract.
  11. Exclusion of implied terms.
  12. Onus of proof.

PART XVII – ENFORMCEMENT OF CONSUMERS’ RIGHT.

  1. Enforcement of rights by a consumer.
  2. Conclusion by industry sector regulator.
  3. Enforcement of rights by the Commission.
  4. Consent order.
  5. Compliance notice.
  6. Redress by civil society groups.
  7. Redress by the court.
  8. Power to obtain satisfactory written assurance.
  9. Compensation order.
  10. Contravention of consumer rights.

PART XVIII – MISCELLANEOUS PROVISIONS.

  1. Limitation of suits against the Commission and the Tribunal.
  2. Issuance of Notice by or on behalf of Commission.
  3. Service of notices.
  4. Offences under this Part.
  5. Decisions of the Commission to be in writing.
  6. Delegation by the Commission.
  7. Civil or criminal proceedings in respect of any action of the Commission.
  8. Power to make regulations.
  9. Application of other enactments.
  10. Repeals and savings.
  11. Transitional provisions.
  12. Interpretation.
  13. Citation.

Schedules

FEDERAL COMPETITION AND CONSUMER PROTECTION ACT, 2018

An Act to repeal the Consumer Protection Act Cap. 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 of  rights for all consumers in Nigeria; and for related matters.

Commencement

ENACTED by the National Assembly of the Federal Republic of Nigeria—

PART – OBJECTIVES AND SCOPE OF APPLICATION

Objectives.

  1. The objectives of this Act are to—

(a)     promote and maintain competitive markets in the Nigerian economy;

(b)     promote economic efficiency;

(c)     protect and promote the interest and welfare of consumers by providing consumers with wider variety of quality products at competitive prices;

(d)     prohibit restrictive or unfair business practices which prevent, restrict or distort competition or constitute an abuse of a dominant position of market power in Nigeria; and

(e)     contribute to the sustainable development of the Nigerian economy.

Scope of application

2.(1)  Except as may be indicated otherwise, this Act applies to all undertakings and all commercial activities within, or having effect within, Nigeria.

(2)     This Act also applies to and is binding upon—

(a)     a body corporate or agency of the Government of the Federation or a body corporate or agency of a subdivision of the Federation, if the body corporate or agency engages in commercial activities;

(b)     a body corporate in which a Government of the Federation or government of a State or a body corporate or agency of Government of the Federation or any State or Local Government has a controlling interest where such a body corporate engages in economic activities; and

(c)     all commercial activities aimed at making profit and geared towards the satisfaction of demand from the public.

(3)     This Act shall apply to conduct outside Nigeria by—

(a)     a citizen of Nigerian or a person ordinarily resident in Nigeria;

(b)     a body corporate incorporated in Nigeria or carrying on business within Nigeria;

(c)     any person in relation to the supply or acquisition of goods or services by that person into or within Nigeria; or

(d)     any person in relation to the acquisition of shares or other assets outside Nigeria resulting in the change of control of a business, part of a business or any asset of an= business, in Nigeria.

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