Prospects and Challenges of Implementing Competition Law in Developing Countries: A Review of the Nigerian Federal Competition and Consumer Protection Act, 2019

Abstract This article argues that Nigeria should introduce a competition disqualification regime for company directors as a deliberate strategy to foster corporate compliance with the Federal Competition and Consumer Protection Act 2018. It contends that the custodial and financial sanctions provided for under the act may not sufficiently deter directors from engaging in anti-competitive behaviour. It seeks to demonstrate that the “threat” of incarceration, which would ordinarily have a strong deterrent effect, is rarely imposed, as courts tend to prefer imposing fines on directors and individuals who breach competition law. For that reason, the article proposes that Nigeria should adopt a strategy of disqualifying directors who oversee companies that breach competition law, or who are complicit in that regard, as a means of complementing existing sanctions. In order to achieve its objective, the article examines the competition disqualification regime in the UK in order to extract valuable lessons that Nigeria can emulate.

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Predatory Pricing Under the Federal Competition and Consumer Protection Act of 2019 of Nigeria: An Unfinished Business

The Antitrust Bulletin ◽

10.1177/0003603x211045437 ◽

2021 ◽

pp. 0003603X2110454

Author(s):

Wiseman Ubochioma

Keyword(s):

Consumer Protection ◽

Competition Law ◽

Unfinished Business ◽

Predatory Pricing ◽

Dominant Firm ◽

Consumer Protection Act ◽

Legal Standard ◽

Market Practices ◽

The Cost ◽

Protection Commission

Predatory pricing is one of the market practices that are prohibited in competition law. It occurs when a dominant firm sells its product at an unreasonably low price in order to eliminate competitors from the market. The Federal Competition and Consumer Protection Act, 2019 of Nigeria prohibits this practice. This article, therefore, examines predatory pricing under the Act. It argues that the prescription of the cost-based principles of marginal and average cost as sole determinants of predatory pricing under the Act would not provide the Federal Competition and Consumer Protection Commission (FCCPC) and courts with the appropriate legal standard in determining predatory pricing. It suggests that the provision of the law should be reformed to include the principle of recoupment as a legal standard for imposing liability for the practice against defaulting firms. This will assist the FCCPC and courts to distinguish pro-competitive predatory pricing from anticompetitive predatory pricing.

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Difficulties of the Financial Reform in the USA

Voprosy Ekonomiki ◽

10.32609/0042-8736-2013-10-147-158 ◽

2013 ◽

pp. 147-158

Author(s):

V. Kulakova

Keyword(s):

Economic Policy ◽

Consumer Protection ◽

Financial Regulation ◽

Financial Reform ◽

Wall Street ◽

Political Sciences ◽

Consumer Protection Act ◽

The Usa ◽

Major Factors ◽

International Financial Regulation

We study the reform of financial regulation initiated by the Dodd—Frank Wall Street Reform and Consumer Protection Act of 2010. Major factors impeding Obama’s financial and economic policy are explored, including institutional difficulties, party warfare, lobbyism, and systemic inconsistencies of international financial regulation. We also examine challenges that are being faced by economic and political sciences due to the changes in financial regulation and also assess the level of radicality of the financial reform.

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