Federal Competition and Consumer Protection Act 2018
An Act to repeal the Consumer Protection Act Cap. C25, Laws of the Federation of Nigeria, 2004, establish the Federal Competition and Consumer Protection Commission and Competition and Consumer Protection Tribunal for the development and promotion of fair, efficient and competitive markets in the Nigerian economy to facilitate access by all citizens to safe products and secure the protection of rights for all consumers in Nigeria; and for related matters.
Part I – Objectives and Scope of Application
Section 1 Federal Competition and Consumer Protection Act 2018 – Objectives.
Section 2 Federal Competition and Consumer Protection Act 2018 – Scope of application.
Part II – Establishment of the Federal Competition an Consumer Protection Commission
Section 3 Federal Competition and Consumer Protection Act 2018 – Establishment of the Federal Competition and Consumer Protection Commission.
Section 4 Federal Competition and Consumer Protection Act 2018 – Composition of the Commission.
Section 5 Federal Competition and Consumer Protection Act 2018 – Tenure of office.
Section 6 Federal Competition and Consumer Protection Act 2018 – Resignation from the Commission.
Section 7 Federal Competition and Consumer Protection Act 2018 – Removal from office.
Section 8 Federal Competition and Consumer Protection Act 2018 – Vacancies.
Section 9 Federal Competition and Consumer Protection Act 2018 – Emoluments of Members of the Commission.
Section 10 Federal Competition and Consumer Protection Act 2018 – Administration of the Commission.
Section 11 Federal Competition and Consumer Protection Act 2018 – Proceedings of the Commission.
Section 12 Federal Competition and Consumer Protection Act 2018 – Quorum.
Section 13 Federal Competition and Consumer Protection Act 2018 – Validity of proceedings.
Section 14 Federal Competition and Consumer Protection Act 2018 – Conflicts of interest.
Section 15 Federal Competition and Consumer Protection Act 2018 – Committees.
Section 16 Federal Competition and Consumer Protection Act 2018 – The Seal of the Commission.
Part III – Functions and Powers of the Commission
Section 17 Federal Competition and Consumer Protection Act 2018 – Functions of the Commission.
Section 18 Federal Competition and Consumer Protection Act 2018 – Powers of the Commission
Part IV – Management and Staff of the Commission
Section 19 Federal Competition and Consumer Protection Act 2018 – Secretary to the Commission.
Section 20 Federal Competition and Consumer Protection Act 2018 – Other staff of the Commission
Section 21 Federal Competition and Consumer Protection Act 2018 – Staff regulations.
Section 22 Federal Competition and Consumer Protection Act 2018 – Pension and gratuity.
Part V – Financial Provisions
Section 23 Federal Competition and Consumer Protection Act 2018 – Fund of the Commission.
Section 24 Federal Competition and Consumer Protection Act 2018 – Expenditures of the Commission.
Section 25 Federal Competition and Consumer Protection Act 2018 – Annual estimates and expenditure.
Section 26 Federal Competition and Consumer Protection Act 2018 – Annual reports.
Part VI- Enforcement Warrants and Requests for Information
Section 27 Federal Competition and Consumer Protection Act 2018 – Enforcement powers of the Commission.
Section 28 Federal Competition and Consumer Protection Act 2018 – Issuance of warrant.
Section 29 Federal Competition and Consumer Protection Act 2018 – Powers conferred by warrant.
Section 30 Federal Competition and Consumer Protection Act 2018 – Duties of a person executing a warrant.
Section 31 Federal Competition and Consumer Protection Act 2018 – Duties of occupiers.
Section 32 Federal Competition and Consumer Protection Act 2018 – Request for information or documents.
Section 33 Federal Competition and Consumer Protection Act 2018 – Summons to attend and give evidence or to produce documents.
Section 34 Federal Competition and Consumer Protection Act 2018 – Procedures for handling of evidence by the Commission.
Section 35 Federal Competition and Consumer Protection Act 2018 – Prohibition of disclosure of information, documents.
Section 36 Federal Competition and Consumer Protection Act 2018 – Destruction of records.
Section 37 Federal Competition and Consumer Protection Act 2018 – Discontinuance of inquiry or investigation.
Section 38 Federal Competition and Consumer Protection Act 2018 – Appeals.
Part VII – The Competition and Consumer Protection Tribunal
Section 39 Federal Competition and Consumer Protection Act 2018 – Establishment of the Competition and Consumer Protection Tribunal.
Section 40 Federal Competition and Consumer Protection Act 2018 – Composition of the Tribunal.
Section 41 Federal Competition and Consumer Protection Act 2018 – Tenure of office.
Section 42 Federal Competition and Consumer Protection Act 2018 – Disqualification from membership of the Tribunal.
Section 43 Federal Competition and Consumer Protection Act 2018 – Resignation and removal.
Section 44 Federal Competition and Consumer Protection Act 2018 – Filling of vacancies.
Section 45 Federal Competition and Consumer Protection Act 2018 – Registrar of the Tribunal.
Section 46 Federal Competition and Consumer Protection Act 2018 – Other staff of the Tribunal.
Section 47 Federal Competition and Consumer Protection Act 2018 – Jurisdiction of the Tribunal.
Section 48 Federal Competition and Consumer Protection Act 2018 – Management of the work of the Tribunal.
Section 49 Federal Competition and Consumer Protection Act 2018 – Disclosure of interest by members of a panel.
Section 50 Federal Competition and Consumer Protection Act 2018 – Procedural Rules of the Tribunal.
Section 51 Federal Competition and Consumer Protection Act 2018 – Powers of the Tribunal to impose penalties.
Section 52 Federal Competition and Consumer Protection Act 2018 – Powers of the Tribunal to order sale of assets.
Section 53 Federal Competition and Consumer Protection Act 2018 – Access to records of the Tribunal.
Section 54 Federal Competition and Consumer Protection Act 2018 – Registration and enforcement of the decisions of the Tribunal.
Section 55 Federal Competition and Consumer Protection Act 2018 – Judicial review by the Court of Appeal.
Section 56 Federal Competition and Consumer Protection Act 2018 – Right to legal representation.
Section 57 Federal Competition and Consumer Protection Act 2018 – Payment of allowances and other conditions of employment of the members of the Tribunal.
Section 58 Federal Competition and Consumer Protection Act 2018 – Funding of the Tribunal.
Part VIII- Restrictive Agreements
Section 59 Federal Competition and Consumer Protection Act 2018 – Prohibition of agreements in restraint of competition.
Section 60 Federal Competition and Consumer Protection Act 2018 – Agreements authorised by the Commission.
Section 61 Federal Competition and Consumer Protection Act 2018 – Prohibition of agreements containing exclusionary provisions.
Section 62 Federal Competition and Consumer Protection Act 2018 – Agreements by suppliers.
Section 63 Federal Competition and Consumer Protection Act 2018 – Prohibition of minimum resale price maintenance.
Section 64 Federal Competition and Consumer Protection Act 2018 – Patented products.
Section 65 Federal Competition and Consumer Protection Act 2018 – Maintenance of minimum resale prices.
Section 66 Federal Competition and Consumer Protection Act 2018 – Withholding of products from a dealer by a supplier.
Section 67 Federal Competition and Consumer Protection Act 2018 – Complaints to and issuance of notice by the Commission of restrictive agreements.
Section 68 Federal Competition and Consumer Protection Act 2018 – Exceptions.
Section 69 Federal Competition and Consumer Protection Act 2018 – Offences and penalties under this Part.
Part IX – Abuse of a Dominant Position
Section 70 Federal Competition and Consumer Protection Act 2018 – Dominant position and abuse of dominant position in the relevant market.
Section 71 Federal Competition and Consumer Protection Act 2018 – Criteria for identifying the relevant market.
Section 72 Federal Competition and Consumer Protection Act 2018 – Abuse of a dominant position prohibited.
Section 73 Federal Competition and Consumer Protection Act 2018 – Consequences of abuse of a dominant position.
Section 74 Federal Competition and Consumer Protection Act 2018 – Penalties for failure to comply with a cease order.
Section 75 Federal Competition and Consumer Protection Act 2018 – Suspension of punishment.
Part X – Monopoly
Section 76 Federal Competition and Consumer Protection Act 2018 – Power of the Commission to investigate a monopoly situation.
Section 77 Federal Competition and Consumer Protection Act 2018 – Determination of a monopoly situation by the Commission.
Section 78 Federal Competition and Consumer Protection Act 2018 – General powers of the Commission to obtain information
Section 79 Federal Competition and Consumer Protection Act 2018 – Supplementary provisions as to the requirement to furnish information.
Section 80 Federal Competition and Consumer Protection Act 2018 – Penalties for refusal to furnish information to the Commission.
Section 81 Federal Competition and Consumer Protection Act 2018 – Order for monopoly investigation.
Section 82 Federal Competition and Consumer Protection Act 2018 – Request for a monopoly investigation.
Section 83 Federal Competition and Consumer Protection Act 2018 – Notification of a request for a monopoly investigation.
Section 84 Federal Competition and Consumer Protection Act 2018 – Report on a monopoly investigation.
Section 85 Federal Competition and Consumer Protection Act 2018 – Timeframe for a report on a monopoly investigation.
Section 86 Federal Competition and Consumer Protection Act 2018 – Powers of the Tribunal in relation to a report on a monopoly investigation.
Section 87 Federal Competition and Consumer Protection Act 2018 – General provisions relating to orders made under this Part.
Part XI- Price Regulation
Section 88 Federal Competition and Consumer Protection Act 2018 – Declaration of price regulations.
Section 89 Federal Competition and Consumer Protection Act 2018 – Commission to report to the President on price regulation.
Section 90 Federal Competition and Consumer Protection Act 2018 – Regulated goods or services to be supplied in accordance with authorised prices.
Section 91 Federal Competition and Consumer Protection Act 2018 – Retention of accounting and costing records by suppliers or distributors.
Part XII – Price Mergers
Section 92 Federal Competition and Consumer Protection Act 2018 – Merger defined.
Section 93 Federal Competition and Consumer Protection Act 2018 – Commission to approve mergers.
Section 94 Federal Competition and Consumer Protection Act 2018 – Consideration by the Commission of effect of a merger on competition.
Section 95 Federal Competition and Consumer Protection Act 2018 – Notification requirements for a small merger.
Section 96 Federal Competition and Consumer Protection Act 2018 – Notification of a large merger.
Section 97 Federal Competition and Consumer Protection Act 2018 – Power of the Commission to extend the period of consideration of a larger merger.
Section 98 Federal Competition and Consumer Protection Act 2018 – Investigation of a proposed merger.
Section 99 Federal Competition and Consumer Protection Act 2018 – Revocation of merger approval.
Section 100 Federal Competition and Consumer Protection Act 2018 – Powers of the Minister.
Section 101 Federal Competition and Consumer Protection Act 2018 – Power to hear persons in merger proceedings.
Section 102 Federal Competition and Consumer Protection Act 2018 – Provisions of documentations on proposed merger to the Commission.
Section 103 Federal Competition and Consumer Protection Act 2018 – Appeals.
Part XIII- Regulated Industries
Section 104 Federal Competition and Consumer Protection Act 2018 – Supremacy of the Federal Competition and Consmner Protection Act.
Section 105 Federal Competition and Consumer Protection Act 2018 – Designation of regulated industries.
Section 106 Federal Competition and Consumer Protection Act 2018 – Exemption of regulated industries.
Part XIV- Specific Offences Against Competition
Section 107 Federal Competition and Consumer Protection Act 2018 – Price-fixing
Section 108 Federal Competition and Consumer Protection Act 2018 – Conspiracy.
Section 109 Federal Competition and Consumer Protection Act 2018 – Bid-rigging.
Section 110 Federal Competition and Consumer Protection Act 2018 – Obstmction of investigation or inquiry.
Section 111 Federal Competition and Consumer Protection Act 2018 – Offence against records.
Section 112 Federal Competition and Consumer Protection Act 2018 – Giving of false or misleading information.
Section 113 Federal Competition and Consumer Protection Act 2018 – Failure to attend or give evidence.
Part XV – Consumers’ Rights
Section 114 Federal Competition and Consumer Protection Act 2018 – Right to information in plain and understandable language.
Section 115 Federal Competition and Consumer Protection Act 2018 – Disclosure of price of goods or services.
Section 116 Federal Competition and Consumer Protection Act 2018 – Product labeling and trade descriptions.
Section 117 Federal Competition and Consumer Protection Act 2018 – Disclosure of reconditioned or second-hand goods.
Section 118 Federal Competition and Consumer Protection Act 2018 – Sales records.
Section 119 Federal Competition and Consumer Protection Act 2018 – Consumer’s right to select suppliers.
Section 120 Federal Competition and Consumer Protection Act 2018 – Consumer’s right to cancel advance reservation, booking or order.
Section 121 Federal Competition and Consumer Protection Act 2018 – Consumer’s right to choose or examine goods.
Section 122 Federal Competition and Consumer Protection Act 2018 – Consumer’s right to return goods.
Section 123 Federal Competition and Consumer Protection Act 2018 – General standards for the marketing of goods and services.
Section 124 Federal Competition and Consumer Protection Act 2018 – Right to fair dealings.
Section 125 Federal Competition and Consumer Protection Act 2018 – False, misleading or deceptive representations.
Section 126 Federal Competition and Consumer Protection Act 2018 – Representation test and publication testimonials.
Section 127 Federal Competition and Consumer Protection Act 2018 – Unfair, unreasonable or unjust contract terms.
Section 128 Federal Competition and Consumer Protection Act 2018 – Notice required for certain terms and conditions.
Section 129 Federal Competition and Consumer Protection Act 2018 – Prohibited transactions, agreements, terms or conditions.
Section 130 Federal Competition and Consumer Protection Act 2018 – Rights pertaining to the quality and safety of goods and services.
Section 131 Federal Competition and Consumer Protection Act 2018 – Consumers’ rights to safe, good quality goods.
Section 132 Federal Competition and Consumer Protection Act 2018 – Implied warranty of quality.
Section 133 Federal Competition and Consumer Protection Act 2018 – Safety monitoring and recall.
Part XVI – Duties of Manufacturers, Importers, Distributor and Suppliers of Goods and Services
Section 134 Federal Competition and Consumer Protection Act 2018 – Duty to label goods properly.
Section 135 Federal Competition and Consumer Protection Act 2018 – Duty to withdraw hazardous goods from the market.
Section 136 Federal Competition and Consumer Protection Act 2018 – Liability for defective goods.
Section 137 Federal Competition and Consumer Protection Act 2018 – Liability arising from sale or supply of goods not to be excluded.
Section 138 Federal Competition and Consumer Protection Act 2018 – Liability for breach of implied obligations by law.
Section 139 Federal Competition and Consumer Protection Act 2018 – Miscellaneous contracts under which goods pass.
Section 140 Federal Competition and Consumer Protection Act 2018 – Liability for misrepresentation.
Section 141 Federal Competition and Consumer Protection Act 2018 – Evasion by means of secondary contract.
Section 142 Federal Competition and Consumer Protection Act 2018 – Supply of services.
Section 143 Federal Competition and Consumer Protection Act 2018 – Implied term about time for execution of contract.
Section 144 Federal Competition and Consumer Protection Act 2018 – Exclusion of implied terms.
Section 145 Federal Competition and Consumer Protection Act 2018 – Onus of proof.
Part XVII- Enforcement of Consumers’ Rights
Section 146 Federal Competition and Consumer Protection Act 2018 – Enforcement of rights by a consumer.
Section 147 Federal Competition and Consumer Protection Act 2018 – Conclusion by industry sector regulator.
Section 148 Federal Competition and Consumer Protection Act 2018 – Enforcement of rights by the Commission.
Section 149 Federal Competition and Consumer Protection Act 2018 – Consent order.
Section 150 Federal Competition and Consumer Protection Act 2018 – Compliance notice.
Section 151 Federal Competition and Consumer Protection Act 2018 – Redress by civil society groups.
Section 152 Federal Competition and Consumer Protection Act 2018 – Redress by the court.
Section 153 Federal Competition and Consumer Protection Act 2018 – Power to obtain satisfactory written assurance.
Section 154 Federal Competition and Consumer Protection Act 2018 – Compensation order.
Section 155 Federal Competition and Consumer Protection Act 2018 – Contravention of consumer rights.
Part XVIII- Miscellaneous Provisions
Section 156 Federal Competition and Consumer Protection Act 2018 – Limitation of suits against the Commission and the Tribunal.
Section 157 Federal Competition and Consumer Protection Act 2018 – Issuance of Notices by or on behalf of Commission.
Section 158 Federal Competition and Consumer Protection Act 2018 – Service of notices.
Section 159 Federal Competition and Consumer Protection Act 2018 – Offences under this Part.
Section 160 Federal Competition and Consumer Protection Act 2018 – Decisions of the Commission to be in writing.
Section 161 Federal Competition and Consumer Protection Act 2018 – Delegation by the Commission.
Section 162 Federal Competition and Consumer Protection Act 2018 – Civil or criminal proceedings in respect of any action of the Commission.
Section 163 Federal Competition and Consumer Protection Act 2018 – Power to make regulations.
Section 164 Federal Competition and Consumer Protection Act 2018 – Application of other enactments.
Section 165 Federal Competition and Consumer Protection Act 2018 – Repeals and savings.
Section 166 Federal Competition and Consumer Protection Act 2018 – Transitional provisions.
Section 167 Federal Competition and Consumer Protection Act 2018 – Interpretation.
Section 168 Federal Competition and Consumer Protection Act 2018 – Citation.
