An Empirical Examination of the Effectiveness of the Federal Competition and Consumer Protection Commission in Addressing Anti-Competitive Practices in Nigeria

The Federal Competition and Consumer Protection Commission was established in 2019 with broad powers to investigate and sanction anti-competitive behaviour, yet empirical assessment of its enforcement effectiveness across regulated sectors has not been comprehensively conducted. This study empirically examines the FCCPC's enforcement record from 2019 to 2023 by analysing all published enforcement decisions, market studies, and consent orders. A mixed-methods design was adopted, combining quantitative analysis of enforcement case characteristics, sanctions imposed, and deterrent outcomes with qualitative analysis of policy documents and interviews with 15 competition law practitioners and three FCCPC officials. Results indicate that the FCCPC initiated 43 formal investigations over the five-year period, with 22 resulting in remedial orders. Fines imposed were significantly below international comparator levels, averaging 0.4 percent of annual turnover compared to a European Union benchmark of up to 10 percent. Merger decisions were the most active area of Commission activity, while cartel prosecution remained minimal. Market study recommendations were implemented by industry in only 28 percent of reported cases. The study fills a significant empirical gap by providing the first systematic analysis of FCCPC enforcement effectiveness. It concludes that the Commission's deterrence record is insufficient and recommends substantially increased financial penalties, adoption of leniency programmes for cartel detection, and compulsory market study recommendation compliance mechanisms.

Keywords: FCCPC, competition enforcement, anti-competitive practices, cartel regulation, Nigeria