An Empirical Study of the Enforcement of Competition Law Against Abuse of Dominance in Nigerian Telecommunications Markets

Market dominance concerns in Nigeria's telecommunications sector, where MTN Nigeria holds estimated market share above 30 percent in mobile voice and data services, raise important questions about the application of FCCPC and NCC regulatory frameworks to anti-competitive conduct, including excessive pricing, exclusive dealing, and margin squeeze. This study empirically examines competition law enforcement actions and regulatory interventions addressing alleged dominance abuses in Nigeria's telecommunications markets from 2018 to 2023. A mixed doctrinal and empirical approach was adopted, combining analysis of FCCPC and NCC decisions with structured interviews of 20 telecommunications competition lawyers and three FCCPC officials, and quantitative analysis of pricing and market share data published in regulatory reports. Results indicate that the FCCPC has not issued a formal abuse of dominance finding against any telecommunications operator, despite documented evidence of pricing behaviour inconsistent with competitive markets in certain product segments. The jurisdictional overlap between the FCCPC's general competition mandate and the NCC's sector-specific powers creates enforcement gaps. Market studies addressing telecommunications competition have not been completed within reasonable timelines. The study fills an empirical gap in Nigerian telecommunications competition scholarship and concludes that coordinated FCCPC-NCC market power regulation is urgently needed. Recommendations include a formal Memorandum of Understanding on telecommunications competition enforcement, a completed mobile data market study, and published dominance assessment guidelines.

Keywords: abuse of dominance, telecommunications, FCCPC, NCC, competition law