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FEDERAL COMPETITION AND CONSUMER PROTECTION ACT, 2018
LAWS OF THE FEDERATION OF NIGERIA
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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.
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ARRANGEMENT OF SECTIONS
PART – OBJECTIVES AND SCOPE OF APPLICATION
Objectives.
Scope of application.
PART II – ESTABLISHMENT OF THE FEDERAL COMPETITION AND CONSUMER PROTECTION COMMISSION
Establishment of the Federal Competition and Consumer Protection Commission.
Composition of the Commission.
Tenure of office.
Resignation from the Commission.
Removal from office.
Vacancies.
Emoluments of Members of the Commission.
Administration of the Commission.
Proceedings of he Commission .
Quorum.
Validity of proceedings.
Conflicts of interest.
Committees.
The Seal of the Commission.
PART III — FUNCTIONS AND POWERS OF THE COMMISSION
Functions of the Commission.
Powers of the Commission.
PART IVE – MANAGEMENT AND STAFF OF THE COMMISSION
Secretary to the Commission.
Other staff of the Commission.
Staff regulations.
Pension and gratuity.
PART V – FINANCIAL PROVISIONS
Fund of the Commission.
24 Expenditures of the Commission.
Annual estimates and expenditure.
Annual reports.
PART VI – ENFORCEMENT WARRANTS AND REQUESTS FOR INFORMATION
Enforcement powers of the Commission.
Issuance of warrant.
Powers conferred by warrant.
Duties of a person executing a warrant.
Duties of occupiers.
Request for information or documents.
Summons to attend and give evidence or to produce documents.
34 Procedures for handing of evidence by the Commission.
Prohibition of disclosure of information, documents.
Destruction of records.
Discontinuance of inquiry or investigation.
Appeals.
PART VII – THE COMPETITION AND CONSUMER PROTECTION TRIBUNAL
Establishment of the Competition and Consumer Protection Tribunal.
Composition of the Tribunal
Tenure of office.
Disqualification from membership of the Tribunal.
Resignation and removal.
Filing of vacancies.
Registrar of the Tribunal.
Other staff of the Tribunal.
Jurisdiction of the Tribunal.
Management of the work of the Tribunal.
Disclosure of interest by members of a panel.
Procedural Rules of the Tribunal.
Powers of the Tribunal to impose penalties.
Powers of the Tribunal to order sale of assets.
Access to records of the Tribunal.
Registration and enforcement of the decisions of the Tribunal.
Judicial review by the Court of Appeal.
Right to legal representation.
Payment of allowances and other conditions of employment of the members of the Tribunal.
Funding of the Tribunal.
PART VIII – RESTRICTIVE AGREEMENTS.
Prohibition of agreements in restraint of competition.
Agreements authorised by the Commission.
Prohibition of agreements containing exclusionary provisions.
Agreements by suppliers.
Prohibition of minimum resale price maintenance.
Patented products.
Maintenance of minimum resale prices.
Withholding of products from a dealer by a supplier.
Complaints to and issuance of notice by the Commission of restrictive agreements.
Exceptions.
Offences and penalties under this Part
PART IX – ABUSE OF A DOMINANT POSITION
Dominant position and abuse of dominant position in the relevant market
Criteria for identifying the relevant market.
Abuse of a dominant position prohibited.
Consequences of abuse of a dominant position.
Penalties for failure to comply with a cease order.
Suspension of punishment.
PART X – MONOPOLY
Power of the Commission to investigate a monopoly situation.
Determination of a monopoly situation by the Commission.
General powers of the Commission to obtain information.
Supplementary provisions as to the requirement to furnish information.
Penalties for refusal to furnish information to the Commission.
Order for monopoly investigation.
Request for a monopoly investigation.
Notification of a request for a monopoly investigation.
84 Report on a monopoly investigation.
Timeframe for a report on a monopoly investigation.
Powers of the Tribunal in relation to a report on a monopoly investigation.
General provisions relating to orders made under this Part.
PART XI – PRICE REGULATION
Declaration of price regulations.
Commission to report to the President on price regulation.
Regulated goods or services to be supplied in accordance with authorised prices
Retention of accounting and costing records by suppliers or distributors.
PART XII – PRICE MERGERS
Merger defined.
Commission to approve mergers.
Consideration by the Commission of effect of a merger on competition.
Notification requirements for a small merger.
Notification of a large merger.
Power of the Commission to extend the period of consideration of a larger merger.
Investigation of a proposed merger.
Revocation of merger approval.
Powers of the Minister.
Power to hear persons in merger proceedings.
Provisions of documentations on proposed merger to the Commission.
Appeals.
PART XIII — REGULATED INDUSTRIES
Supremacy of the Federal Competition and Consumer Protection Act.
Designation of regulated industries.
Exemption of regulated industries.
PART XIV – SPECIFIC OFFENCES AGAINST COMPETITION
Price-fixing.
Conspiracy.
Bid-rigging.
Obstruction of investigation or inquiry.
Offence against records.
Giving of false or misleading information.
Failure to attend or give evidence.
PART XV – CONSUMERS’ RIGHTS
Right to information in plan and understandable language.
Disclosure of price of goods or services.
Product labelling and trade descriptions.
Disclosure of reconditioned or second-hand goods.
Sales records.
Consumer’s right to select suppliers.
Consumer’s right to cancel advance reservation, booking or order.
Consumer’s right to choose or examine goods.
Consumer’s right to return goods.
General standards for the marketing of goods and services.
Right to fair dealings.
False, misleading or deceptive representations.
Representation test and publication testimonials.
Unfair, unreasonable or unjust contract terms.
Notice required for certain terms and conditions.
Prohibited transactions, agreements, terms or conditions.
130 Rights pertaining to the quality and safety of goods and services.
Consumers’ rights to safe, good quality goods.
Implied warranty of quality.
Safety monitoring and recall.
PART XVI – DUTIES OF MANUFACTURERS, IMPORTERS, DISTRIBUTOR AND SUPPLIERS OF GOODS AND SERVICES
Duty to label goods properly.
Duty to withdraw hazardous goods from the market.
Liability for defective goods.
Liability arising from sale or supply of goods not to be excluded.
Liability for breach of implied obligations by law.
Miscellaneous contracts under which goods pass
Liability for misrepresentation.
Evasion by means of secondary contract.
Supply of Services.
Implied term about time for execution of contract.
Exclusion of implied terms.
Onus of proof.
PART XVII – ENFORMCEMENT OF CONSUMERS’ RIGHT.
Enforcement of rights by a consumer.
Conclusion by industry sector regulator.
Enforcement of rights by the Commission.
Consent order.
Compliance notice.
Redress by civil society groups.
Redress by the court.
Power to obtain satisfactory written assurance.
Compensation order.
Contravention of consumer rights.
PART XVIII – MISCELLANEOUS PROVISIONS.
Limitation of suits against the Commission and the Tribunal.
Issuance of Notice by or on behalf of Commission.
Service of notices.
Offences under this Part.
Decisions of the Commission to be in writing.
Delegation by the Commission.
Civil or criminal proceedings in respect of any action of the Commission.
Power to make regulations.
Application of other enactments.
Repeals and savings.
Transitional provisions.
Interpretation.
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.
