Section 87 Federal Competition and Consumer Protection Act 2018
Section 87 of the Federal Competition and Consumer Protection Act 2018 is about General provisions relating to orders made under this Part. It is under Part X (Monopoly) of the Act.
(1) The provisions of this section shall apply to an order made under section 86 of this Act.
(2) An order made under section 86 of this Act declaring certain acts to be unlawful shall apply to all undertakings or to such undertakings as may be specified or described in the order.
(3) Nothing in any order made under section 86 of this Act shall have effect so as to apply to any undertaking in relation to its conduct outside Nigeria, unless that undertaking is –
(a) a citizen of Nigeria; or
(b) a body corporate incorporated under the Companies and Allied Matters Act and carrying on business in Nigeria, either alone or in partnership with one or more other undertakings.
(4) An order to which this section applies may be extended so as to prohibit the carrying out of any agreement already in existence on the date on which the order is made.
(5) Nothing in any order to which this section applies shall have the effect as to restrict any act for the purpose of restraining an infringement of a Nigerian patent or so as to restrict any undertaking as to the conditions which it attaches to a licence to do anything the doing of which would, but for the licence, be an infringement of a Nigerian patent.
(6) The Tribunal shall include, in an order made under section 86 of this Act, the power to give any directive to a person, body corporate or association specified in the order to-
(a) take such steps within its competence as may be specified or described in the direction for the purpose of carrying out, or securing compliance with the order; or
(b) do or refrain from doing anything so specified or described which the person, body corporate or association may be required by the order to do or refrain from doing, and may authorise the Minister in charge of the person, body corporate or association to vary or revoke any directives so given.
(7) Prior to making any order under section 87 of this Act, the Tribunal shall publish, in such manner as it deems appropriate, a notice –
(a) stating its intention to make the order;
(b) indicating the nature of the provisions to be embodied in the order; and
(c) requesting any person, body corporate or association whose interest is likely to be affected by the order and who is desirous of making representations in respect of the order to do so in writing within 30 days from the date of publication of the notice for consideration by the Tribunal.
