—-FCCPC hailed for landmark victory as Tribunal affirms consumer protection mandate
In a significant victory for Nigerian consumers, the Competition and Consumer Protection Tribunal has upheld a $220 million administrative penalty imposed by the Federal Competition and Consumer Protection Commission (FCCPC) against Meta Platforms Inc. (Facebook) and WhatsApp LLC for discriminatory and exploitative practices.
The ruling, delivered today by a three-member panel led by Honorable Thomas Okosun, affirmed the FCCPC’s authority to act against Meta and WhatsApp, concluding that the Commission acted within its constitutional and statutory powers. The Tribunal also awarded an additional $35,000 to the Commission as the cost of investigation.
The case stems from a 38-month joint investigation by the FCCPC and the Nigeria Data Protection Commission (NDPC), which began in 2020 and focused on the companies’ consumer data policies and privacy practices. The FCCPC issued its Final Order on July 19, 2024, which Meta and WhatsApp challenged before the Tribunal.
However, in today’s judgment, the Tribunal dismissed nearly all of the appellants’ objections, including claims of a breach of fair hearing and overreach in matters of data protection. The Tribunal ruled that the FCCPC gave Meta and WhatsApp adequate opportunity to respond and acted in line with Section 104 of the Federal Competition and Consumer Protection Act (FCCPA), 2018.
While most of the Commission’s orders were upheld, the Tribunal set aside Order 7 for lacking sufficient legal basis.
FCCPC Executive Vice Chairman and CEO, Mr. Tunji Bello, welcomed the ruling, praising the legal team for their “exceptional diligence” and reaffirming the Commission’s commitment to protecting Nigerian consumers and ensuring fair competition in the digital economy.
“This is a defining moment that reaffirms our resolve to enforce consumer rights and hold even the most powerful corporations accountable,” Bello said.
Meta and WhatsApp’s legal team, led by Professor Gbolahan Elias (SAN), had presented final arguments on January 28, 2025, while the FCCPC was represented by Mr. Babatunde Irukera.
With this judgment, Nigeria joins a growing list of jurisdictions taking robust action to regulate big tech in the interest of consumer protection.
