Federal Competition Research Articles

Assessing the Suitability of the Information Rules Under the Federal Competition and Consumer Protection Commission Act of 2018 for the Protection of E-consumers

Assessing the Suitability of the Information Rules Under the Federal Competition and Consumer Protection Commission Act of 2018 for the Protection of E-consumers

Parallel Import in Nigeria: The Federal Competition and Consumer Protection (FCCPA) Regime

Parallel Import in Nigeria: The Federal Competition and Consumer Protection (FCCPA) Regime

Functional classification and performance in wheelchair basketball

Wheelchair basketball players are classified into four classes based on the International Wheelchair Basketball Federation competition system. The aim of this study was to investigate whether the IWBF functional classification for wheelchair basketball was related to different performance field-based tests. Forty wheelchair basketball athletes took part in the study. The players carried out five field tests, three of which were quantitative, related to the three conditional skills (strength, endurance and speed test) and two of the qualitative type (accuracy and shooting ability tests). Pearson's correlation was performed to analyse the correlation between the score obtained from functional classification and the results of the wheelchair performance tests. The IWBF class was not correlated (p <0.05) with any of the tests performed. Players with even major injuries, in their best wheelchair set-up, even achieved better times than upper-class players; therefore, the disability factor in these tests is not an index that determines performance disadvantage. The study shows that the functional classification does not affect the qualitative-quantitative performance, so the disabled athlete with a lower score is not disadvantaged in basketball.

Exclusion Clauses, the Federal Competition and Consumer Protection Act (FCCPA) 2018 to the Rescue: Chukwuma v Peace Mass Transit Ltd

Exclusion Clauses, the Federal Competition and Consumer Protection Act (FCCPA) 2018 to the Rescue: Chukwuma v Peace Mass Transit Ltd

Highlights of Nigeria’s Federal Competition and Consumer Protection Act 2018: An Overview

The Federal Competition and Consumer Protection Act 2018 (FCCPA) was eventually signed into law in April 2019 and same is to be known as the Federal Competition and Consumer Protection Act. The Act repealed the Consumer Protection Act, Cap. 25, laws of the Federation of Nigeria, 2014 and established the Federal Competition and Consumer Protection Commission (FCCPC) and the Competition and Consumer Protection Tribunal for the development and promotion of fair, efficient and competitive markets in the Nigerian economy. This prized enactment came after a painstaking drafting process, which was saddled with many drafts, seminars, debates, and ‘behind-the-scenes maneuvers’. It remains to be seen whether it is now respite to the consumers or yet another regulatory hype. (There are yet to be any real judicial proceedings in this matter save for some administrative measures that have been taken in recent times.) Consumer Protection, competition law, Nigeria, commercial transactions, Federal Competition and Consumer Protection Act.

Implied Terms in Contracts for Supply of Goods, Services and Digital Content

Certain terms implied under the Sale of Goods Acts 1893 and 1979 replicated by the United Kingdom Consumer Rights Act 2015 foster consumer rights. The paper explores the extent to which the Nigeria Sale of Goods Act 1893 and UK Sale of Goods Act 1979 are fit to address the implied terms for digital content. Since the term “goods” does not cover digital content, buyers of digital content are not protected by the implied terms contained in the Sale of Goods Acts. This paper comparatively considers consumer protection regimes in the United Kingdom and Nigeria in relation to implied terms in supply of goods, services and digital content under the new Consumer Rights Act 2015 and Federal Competition and Consumer Protection Act 2019 respectively. The paper finds that consumers of goods, services and digital content are much more protected under the implied terms of the Consumer Rights Act. Whilst the improvement in the Federal Competition and Consumer Protection Act in enlisting consumer rights is commendable, a major deficit is exclusion of digital content implied terms. It is recommended that the Federal Competition and Consumer Protection Act should be amended to reflect and accommodate the provisions on implied terms relating to digital content. Keywords: Implied Terms, Consumer Rights, Digital Content, United Kingdom, Nigeria DOI: 10.7176/JMCR/83-01 Publication date: December 31 st 2021

Predatory Pricing Under the Federal Competition and Consumer Protection Act of 2019 of Nigeria: An Unfinished Business

Predatory pricing is one of the market practices that are prohibited in competition law. It occurs when a dominant firm sells its product at an unreasonably low price in order to eliminate competitors from the market. The Federal Competition and Consumer Protection Act, 2019 of Nigeria prohibits this practice. This article, therefore, examines predatory pricing under the Act. It argues that the prescription of the cost-based principles of marginal and average cost as sole determinants of predatory pricing under the Act would not provide the Federal Competition and Consumer Protection Commission (FCCPC) and courts with the appropriate legal standard in determining predatory pricing. It suggests that the provision of the law should be reformed to include the principle of recoupment as a legal standard for imposing liability for the practice against defaulting firms. This will assist the FCCPC and courts to distinguish pro-competitive predatory pricing from anticompetitive predatory pricing.

DECONSTRUCTING NIGERIA’S DATA PROTECTION REGIME FROM CONSUMER PROTECTION PERSPECTIVE

Purpose – The purpose of this paper is to make a case for the recognition of privacy and personal data protection as species of consumer rights in Nigeria in line with the revised United Nations Guidelines for Consumer Protection (UNGCP) by amending existing laws or enacting a new law to provide for personal data protection regime for consumers. Methodology/Approach/Design – The study follows a structured review of relevant extant legislation on consumer protection and personal data protection, namely the Federal Competition and Consumer Protection Act 2018 (FCCPA) and the Nigeria Data Protection Regulation 2019 (NDPR). Findings – The paper identifies that the provisions of Nigeria’s foremost consumer protection legislation, FCCPA, does cover electronic commerce (e-commerce) or consumer privacy and personal data protection while the NDPR, subsidiary legislation on personal data protection, which is yet to be effectively implemented is too general as to provide the consumers the much-needed privacy protection in their dealings with businesses. Practical Implications–Given the importance Recognition of data privacy and personal data protection as a species of consumer rights helps in understanding consumer protection in online transactions and opens opportunities for future research on consumer privacy and data protection. Originality/Value – Given the importance attached to the protection of consumer privacy and the various ramifications of transactions involving exposure of consumers’ personal data, recognition of privacy consumers’ rights to privacy is vital in consolidating knowledge of consumer rights and identifying paths for future research.

Towards A Directors’ Competition Disqualification Regime in Nigeria: Lessons from the UK

AbstractThis article argues that Nigeria should introduce a competition disqualification regime for company directors as a deliberate strategy to foster corporate compliance with the Federal Competition and Consumer Protection Act 2018. It contends that the custodial and financial sanctions provided for under the act may not sufficiently deter directors from engaging in anti-competitive behaviour. It seeks to demonstrate that the “threat” of incarceration, which would ordinarily have a strong deterrent effect, is rarely imposed, as courts tend to prefer imposing fines on directors and individuals who breach competition law. For that reason, the article proposes that Nigeria should adopt a strategy of disqualifying directors who oversee companies that breach competition law, or who are complicit in that regard, as a means of complementing existing sanctions. In order to achieve its objective, the article examines the competition disqualification regime in the UK in order to extract valuable lessons that Nigeria can emulate.

Forest Management Cooperatives and Their Development Under Uncertain Conditions: A Comprehensive Analysis Using an Actor-Centered Institutionalism Approach

The change in forest ownership structures, the resulting fragmentation of forest properties and restitution processes have led to the emergence of organizations in Europe that are able to deal with these challenges. Changes in the timber selling process due to decisions of the German Federal Competition Authority have led first to uncertain conditions for forest management cooperatives (FMCs) and their members in the federal state of Baden-Wuerttemberg. In the course of this change, some FMCs have questioned their status quo while others have evolved under uncertain conditions. This paper aims to provide an overview of factors determining the further development of forest management cooperatives under uncertain conditions following the categories of actor-centered institutionalism (ACI). To be able to conduct a comprehensive political analysis of the changes taking place in the timber selling process, the ACI approach is used in conjunction with path dependency as the theoretical framework for this paper. Methodologically, it is based on a qualitative analysis of field protocols from four regional conferences in Baden-Wuerttemberg, Germany, involving a total of 140 participants in 2017. The results highlight that individual actors, the economic and social capabilities of FMCs, the existing constellations and interactions determine further developments under uncertainty. Legal certainty and in some cases the withdrawal of the state determine positively the dealing with uncertain situations. Foresters and their direction essentially determine the development. Furthermore, FMCs highlight that the cooperation with municipal foresters has a positive impact that will help deal with uncertainty in the future. A clear interest of cooperation and long-standing relationships also determine further developments under uncertain conditions.

Baikal region

All happy families are alike, every unhappy family is unhappy in its own way.Leo Tolstoy, “Anna Karenina”Despite the recent rearrangement of the federal districts, the notion “Baikal Region” still exists. The three subjects of the Russian Federation, Zabaikalsky Krai, the Buryat Republic and the Irkutsk Region are united around the lake, which is often called “Great Sea”. This region is our journal’s homeland. The journal’s regional section contains the materials that show typical problems of provincial cities and their solutions.The disunity of citizens and the lack of social communication constitute a key problem that gives rise to a lot of other problems. The project for public spaces in Shilka became the winner of the Federal Competition for Formation of a Comfortable Urban Environment. It is the third annual issue of the Competition organized by the Ministry of Construction, and the level of the projects is trending upward.Another winner of this year is a project for Tulun. The problem related to the flood of 2019 and the wave of social pessimism and depression caused by it is to be solved by the project.Deprived areas with a high level of crime draw urbanists’ attention all around the world. Studying the case of Novo-Lenino in Irkutsk, F. Kudryavtsev and E. Tokareva raise a question about the ways of rehabilitation for the neighborhood.The threats to the cultural and historical heritage compose a complex problem, where developers’ immediate interests, unfair expert reviews, the bureaucracy’s short-term vision, citizens’ indifference etc. are tightly interwoven. However, the story about fighting for the protection of one of Irkutsk's historic buildings inspires hope and optimism.

The New Sustainability Exemption in Austrian Competition Law

A new sustainability exemption entered into force with Austria’s most recent competition law amendment of September 2021. The new exemption provision’s aim is to promote genuine green cooperation. The sustainability exemption’s scope of application, however, is not yet clear. The Austrian Federal Competition Authority is set to publish sustainability guidelines in 2022 in order to provide companies with further guidance. It also remains an open question to what extent the new provision is compatible with Article 101 para 3 TFEU.

The Role of Antitrust Authorities Regarding the Digital Economy

The advent of the digital era has not only had a profound impact on markets, but also on those areas of the law that relate to these markets – amongst them: competition law. This Austrian report on the role of antitrust authorities regarding the digital economy addresses the manifold ways in which the Austrian legislator, the Austrian (Supreme) Cartel Court and the Austrian Federal Competition Authority have dealt with digital markets in the recent past and what developments may lie in store for digital markets in the near future. Preceding the actual report, some introductory remarks embed the Austrian experience within a broader picture, highlighting some emerging trends in the application of competition law to digital markets.

The Revolution in Antitrust: An Assessment

In this essay, we evaluate the impact of the revolution that has occurred in antitrust and in particular the growing role played by economic analysis. Section II describes exactly what we think that revolution was. There were actually two revolutions. The first was the use by economists and other academics of existing economic insights together with the development of new economic insights to improve the understanding of the consequences of certain forms of market structure and firm behaviors. It also included the application of advanced empirical techniques to large data sets. The second was a revolution in legal jurisprudence, as both the federal competition agencies and the courts increasingly accepted and relied on the insights and evidence emanating from this economic research. Section III explains the impact of the revolution on economists, consulting firms, and research in the field of industrial organization. One question it addresses is why, if economics is being so widely employed and is so useful, one finds skilled economists so often in disagreement. Section IV asks whether the revolution has been successful or whether, as some critics claim, it has gone too far. Our view is that it has generally been beneficial though, as with most any policy, it can be improved. Section V discusses some of the hot issues in antitrust today and, in particular, what some of its critics say about the state of the revolution. The final section concludes with the hope that those wishing to turn back the clock to the antitrust and regulatory policies of fifty years ago more closely study that experience, otherwise they risk having its demonstrated deficiencies be repeated by throwing out the revolution’s baby with the bathwater.

The Revolution in Antitrust: An Assessment

In this essay we evaluate the impact of the revolution that has occurred in antitrust and in particular the growing role played by economic analysis. Section II describes exactly what we think that revolution was. There were actually two revolutions. The first was the use by economists and other academics of existing economic insights together with the development of new economic insights to improve the understanding of the consequences of certain forms of market structure and firm behaviors, as well as the application of advanced empirical techniques to large data sets. The second was a revolution in legal jurisprudence, as both the federal competition agencies and the courts increasingly accepted and relied on the insights and evidence emanating from this economic research. Section III explains the impact of the revolution on economists, consulting firms, and research in the field of industrial organization. One question it addresses is why, if economics is being so widely employed and is so useful, one finds skilled economists so often in disagreement. Section IV asks whether the revolution has been successful or whether, as some critics claim, it has gone too far. Our view is that it has generally been beneficial though, as with most any policy, it can be improved. Section V discusses some of the hot issues in antitrust today and, in particular, what some of its critics say about the state of the revolution. The final section concludes with the hope that those wishing to turn back the clock to the antitrust and regulatory policies of 50 years ago more closely study that experience, otherwise they risk having its demonstrated deficiencies be repeated by throwing out the revolution’s baby with the bathwater.

Product liability in Nigeria: a paradigm shift from fault-based to strict liability regime

Until recently, civil liability for product defect in Nigeria was essentially fault-based under the law of contract and the tort of negligence. This made it extremely difficult for consumers to recover damages against manufactures and sellers of defective products and constituted a serious deterrence to consumers from seeking redress when they suffer loss or damage as a result of defective products. This article analyses the relevant provisions of the new Federal Competition and Consumer Protection Act 2018 and argues that they constitute a departure from the fault-based contract and negligence principles in favour of a strict product liability regime.

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 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.

Connecting the dots in the legal framework for competition regulation in Nigeria

One of the principal aims of competition law is the protection of the consumer from economic exploitation. This the Nigerian government has done through the enactment of the long awaited Federal Competition and Consumer Protection Act 2018 (FCCPA) which is a comprehensive legal framework governing competition issues in Nigeria. This paper seeks to critically appraise the regulation of competition under FCCPA. It compares the Nigerian competition regime with that of South Africa, a developing African country that appears to have evolved and successfully implemented a competition regime.

Appraisal of the Protection of the Rights and Interests of Electricity Consumers in Nigeria

This article analyses the various statutes, regulations that provides for the rights of electricity consumers in Nigeria, the liabilities of the service providers and the redress mechanisms available to the consumers based on the Electric Power Sector Reform Act 2005 and the newly enacted Federal Competition and Consumer Protection Act 2018. The study reveals that the provisions of the law aimed at protecting the rights and interest of electricity consumer in Nigeria are quite adequate but consumers continue to suffer deprivations of their rights owing to inadequate enforcement of the law as well as lack of awareness and apathy on the part of the consumers themselves. Keywords: Electricity, Consumer rights and interests, Consumer protection, Nigeria DOI : 10.7176/JLPG/92-14 Publication date: December 31 st 2019

Choice, Capital, and Competition: Private Mortgage Insurance Application and Availability

ABSTRACTThe financial health of the mortgage insurance industry is vital for the flow of mortgage credit to low-wealth borrowers. Private mortgage insurance competes with insurance offered through the federal government, particularly the Federal Housing Administration. This article employs a Heckman selection model and a database of mortgage insurance applications to examine the impact of capital reserves and federal competition on the credit decisions of private mortgage insurance companies while accounting for applicants’ decisions to seek private insurance. I find private insurers became more likely to deny applications as their capital ratios fell during the Great Recession. However, loans eligible for insurance through the Federal Housing Administration were less likely to be denied than higher loan amounts were. These findings are important for understanding how the conventional mortgage market, including government-sponsored enterprises, functions through a severe housing crisis.