Nigeria: Antitrust/Competition Law

Nigeria's merger approval framework has evolved from a fragmented system under CAMA 2020 and ISA 2007 to a comprehensive competition-based regime under the Federal Competition and Consumer Protection Act 2018. This analysis examines whether the Corporate Affairs Commission could have administered competition reviews, why sector regulators retain parallel jurisdiction, and what institutional reforms would resolve the resulting coordination challenges.

This thought leadership piece examines whether every assignment of participating interest should be classified as a merger in upstream mergers and acquisitions transactions under the Federal Competition and Consumer Protection Act (FCCPA). The analysis explores the regulatory implications and legal interpretations surrounding participating interest assignments in the context of Nigerian competition law.

Nigerian competition law prohibits predatory pricing as an abuse of dominance, where businesses with significant market power deliberately sell below cost to eliminate competitors. While the Federal Competition and Consumer Protection Commission has yet to issue a published predatory pricing decision, the legal framework provides clear guidance on cost benchmarks, enforcement mechanisms, and substantial penalties for violations.