The interface between competition law and consumer protection law: An analysis of the institutional framework in the Nigerian Federal Competition and Consumer Protection Act of 2019

Abstract

ABSTRACT This article assesses the consolidation of competition and consumer protection regulation through an analysis of the institutional framework established by the Nigerian Federal Competition and Consumer Protection Act of 2019. While such a consolidation is not uncommon, it still raises the question as to whether the approach is practical. The article argues that while competition and consumer protection regulation have a common purpose, they are two distinct areas of the law which require separate application and enforcement. To this end, the article discusses the pros and cons of the consolidated approach adopted by Nigeria. Comparisons are drawn with regard to South Africa, where the regulation of competition and consumer protection law remains separated as seen in the Competition Act 89 of 1998 and the Consumer Protection Act 68 of 2008. The article finds that Nigeria’s first coherent competition legislation may have been better off without this consolidated approach.