An Analysis of the Legal Regulation of Monopolies and Mergers in Nigeria Under the Federal Competition and Consumer Protection Act 2018

The Federal Competition and Consumer Protection Act 2018 established the Federal Competition and Consumer Protection Commission as Nigeria's first general competition authority, with powers to investigate anti-competitive agreements, abuse of dominance, and merge review. This study analyses how the FCCPC has applied its merger control and anti-monopoly powers between 2019 and 2023, examining procedural frameworks, substantive competitive effects analysis, and enforcement outcomes. A doctrinal analysis of the FCCP Act, merger review guidelines, and published FCCPC decisions was combined with interviews of 15 competition law practitioners and two former FCCPC commissioners. Results indicate that the FCCPC has approved the majority of notified mergers without conditions, with only a small number attracting remedies. The dominance abuse provisions remain underenforced in telecommunications, cement, and distribution markets where oligopolistic behaviour is prevalent. The absence of leniency programmes limits the detection of cartel activity. The study concludes that the FCCPC framework is structurally sound but requires more assertive enforcement of dominance provisions, particularly in markets where essential goods are involved. Recommendations include formal leniency guidelines, publication of detailed competition market studies, and FCCPC capacity enhancement through technical assistance partnerships with established competition agencies.

Keywords: competition law, FCCPC, mergers, monopoly regulation, FCCP Act 2018