The Competition Commission is the investigative and prosecutorial authority that investigates complaints regarding anti-competitive conduct or other complaints from consumers.
CCPT is a quasi-judicial body responsible to hear appeals from or review any decision of commission taken in the cause of the implementation of any of the provision FCCP acts as may be refers to it
Hear appeals from or review any decision from the exercise of the powers of any sector of specific regulatory authority in a regulated industry in respect of competition and consumer protection matters.
The Competition Tribunal is in effect a court of first instance in all competition matters, adjudicating on and providing remedies in respect of complaints …It also acts as an appeal body in matters over which the Competition Commission has decision-making authority such as intermediate mergers and exemptions. It may impose remedies such as prohibiting a merger, imposing interim relief, levying administrative penalties and ordering divestitures, etc. Decisions of the Competition Tribunal can be appealed to the Court of Appeal,
The Competition Tribunal consists of a chairman and six other members who are appointed the president subjected to confirmation by the senate and other key supporting officers employed by the tribunal
The governing rules are the competition and consumer protection tribunal procedure 2021
Any private party can file a complaint with the Competition Tribunal. However, it can only file a complaint as an appeal with the Competition Tribunal after the Competition Commission has investigated the complaint and a decision issued.
The Competition And Consumer Protection Tribunal proceedings are quite informal and private parties can represent themselves, should they wish. However, since the law is complex, it is strongly advisable to have legal representation.
Yes. Any party to a proceeding may, within stipulated period, after the Competition Commission issued its decision, on written notice and in the prescribed form, request the Competition Tribunal to reconsider or review the decision of the commission or from other sector of specific regulatory authority.
Any confidential information that is brought before the Competition And Consumer Protection Tribunal must be indicated as such. Confidential information is never released to the public unless the party who filed it consents to it.
The Competition And Consumer Protection Tribunal tries to hold its hearings less formally than would a court sometimes formality is needed in cases – particularly in prohibited practice cases and where hearings more closely resemble those of a court with examination and cross-examination of witnesses and legal argument. All hearings, except pre-hearings, are transcribed
Any person can attend a hearing. In the event of confidential information being presented during the hearing, the presiding member on the panel will announce that the hearing will go in camera and the public will be requested to leave the hearing room. The Competition Tribunal tries to keep in camera sessions as short as possible. The public will be called back to the hearing as soon as the confidential session ends.
Please contact the Registrar for copies of hearing transcripts.
All decisions of the Competition Tribunal can be appealed to the Court of Appeal,
The Competition and consumer protection Tribunal is an independent judicial body established by the Federal Competition and Consumer Protection Act 2018. To eliminate practices having adverse effect on competition, promote and sustain competition in markets, protect the interest of consumers and ensure fair competition in the economy.
The principal functions of the Tribunal are as follows.
Hear appeals from or review any decision of commission taken in the cause of the implementation of any of the provision FCCP acts as may be refers to it
Hear appeals from or review any decision from the exercise of the powers of any sector of specific regulatory authority in a regulated industry in respect of competition and consumer protection matters.
Issues such others as may be required of it under the FCCP ACT
Make any ruling or such other orders, as may be necessary or incidental to the performance of its functions under the FCCP Act
Typically, a Panel of three persons will be constituted by the Chairman to hear a particular case. Those three persons must consist of a chairman and two other members (“Members”) drawn from a panel of persons with relevant specialist knowledge in such areas as industrial aw, competition and consumer protection law, commerce and industry, public affairs, economics, finance or business administration and management.
Yes, if you decide that you do not want to be represented by a lawyer. However, bear in mind that the areas covered by the Competition And Consumer Protection Tribunal often involve complex issues of fact and law and it may therefore be prudent to seek specialist legal advice
The Competition And Consumer Protection Tribunal’s jurisdiction extends to the whole of Nigeria. The Tribunal may hold any meeting or hearing in such place and in such manner as it thinks fit having regard to the just expeditious and economical conduct of the proceedings.
Any interested party to a proceeding can attend the Tribunal hearings
In general, proceedings before the Tribunal are conducted on a basis that is as fully open and as public as possible. Nevertheless the Tribunal will, where appropriate, take measures to protect confidential information from disclosure during the proceedings. In broad terms confidential information is commercial information the disclosure of which could significantly harm the legitimate business interest of the business to which it relates, or information relating to the private affairs of an individual the disclosure of which could significantly harm his or her interests. Whether information is information of that description is a matter for the Tribunal to decide.
In the context of appeal or judicial review proceedings against a competition or regulatory authority, confidential treatment cannot be accorded in favour of an appellant as against the respondent authority since the Tribunal cannot rely in its judgment on any matters which have not been the subject of disclosure between the principal parties.
A further appeal from the decision of the tribunal lies to the court of appeal