Section 51 Federal Competition and Consumer Protection Act 2018

Section 51 of the Federal Competition and Consumer Protection Act 2018 is about Powers of the Tribunal to impose penalties. It is under Part VII (The Competition and Consumer Protection Tribunal) of the Act.

(1) The Tribunal may impose administrative penalties only for-
(a) a prohibited practice under this Act; or
(b) the contravention of, or failure to comply with, an interim order of the Tribunal.

(2) An administrative penalty imposed under subsection (1) shall not exceed 10% of the undertaking’s annual turnover in Nigeria and its exports from Nigeria during the preceding financial year.

(3) When determining an appropriate penalty under subsection (1), the Tribunal shall consider –
(a) the nature, duration, gravity and extent of the contravention;
(b) any loss or damage suffered as a result of the contravention;
(c) the behaviour of the defaulting party;

(d) the market circumstances in which the contravention took
place;
(e) the level of profit derived from the contravention;
(f) the degree to which the defaulting party has co-operated with the Commission and the Tribunal; or

(g) whether the defaulting party has previously been found to be in contravention of any of the provisions of this Act.