Section 167 Federal Competition and Consumer Protection Act 2018

Section 167 of the Federal Competition and Consumer Protection Act 2018 is about Interpretation. It is under Part XVIII (Miscellaneous Provisions) of the Act.

(1) In this Act-
“acquiring undertaking” means an undertaking that –
(a) as a result of a merger within the meaning of section 93 of this Act would directly or indirectly acquire, or establish, direct or indirect control over the whole or part of the business of another undertaking; or

(b) as a result of a merger within the meaning of section 93 of this Act has direct or indirect control over the whole or part of the business of an undertaking referred to in paragraph
(a).
“Act” means the Federal Competition and Consumer Protection Act, 2017;

“agent” means a person who is authorised to act for another person (“the principal”) through employment or by contract, whether express or implied;
“agreement” includes a contract, arrangement, understanding, written or oral, and a concerted practice;
“authorised officer” means any person appointed as such by the Commission for the purposes of implementation of the provisions of this Act;
“business” includes any activity that is carried on for gain or reward, or in the course of which goods or services are acquired or supplied or any interest in land is acquired or disposed of, otherwise than free of charge;

“business secret” means trade, business or industrial information that belongs to a person which has a particular economic value and is not generally available to or known by others;
“close corporation” means a corporation whose shares are not publicly traded and are held by a limited number of persons;
“Code of Conduct” means a set of moral principles or rules of conduct or behavior drawn up by the Commission for the Commission, its employee and a person acting through the authority of the Commission;
“company” includes any entity registered under the Nigeria Companies and Allied Matters Act or the laws of any other country;

“complainant” means a person who initiates a complaint;
“Commission” means the Federal Competition and Consumer Protection Commission established under section 3 (1) of this Act;
“concerted practice” means a practice involving direct or indirect contacts between competitors falling short of an actual agreement;

“consumer” includes any person –
(a) who purchases or offers to purchase goods otherwise than for the purpose of resale but does not include a person who purchases any goods for the purpose of using them in the production or manufacture of any other goods or articles for sale; or
(b) to whom a service is rendered;

”court” means the Court of Appeal;

“dealer” means a person who buys goods or services for resale;

“document” means a document in any form, whether signed or otherwise authenticated by its maker or not, and includes any-
(a) writing on any material;
(e) information recorded or stored by means of any taperecorder, computer, or other device, and any material subsequently derived from information so recorded or stored;
(c) label, marking, or other writing that identifies or describes anything of which it forms pmi, or to which it is attached by any means;
(d) book, map, plan, graph, or drawing; and
(e) photograph, film, negative, tape, or other device in which one or more visual images are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced;

“enterprise” means any person involved in business;
“exclusive dealing” means any practice whereby an undertaking as a condition of-
(a) supplying goods and services to a customer-
(i) requires the customer to deal only or primarily in goods or services supplied or designed by undertaking or its
nominee, or refrain from dealing in a specified class or kind of goods or services, except as supplied by the
undertaking or its nominee, or
(ii) induces a customer to meet such condition by offering to supply goods or supply goods or services to the customer on more favourable terms or conditions if the customer agrees to meet that condition;
(b) purchasing a specified class or kind of goods or services from a supplier, requires the supplier to refrain from supplying the same class or kind of goods or services to other undertakings

“Executive Chairman” means the Executive Chairman ofthe Commission;
“Executive Vice-Chairman” means the Chief Executive of the Commission;
“Federal” refers to the Federal Republic of Nigeria;
“function” includes powers and duties;
“give effect to”, in relation to a provision of a contract, arrangement or understanding, includes:
(a) doing an act in pursuance of, or in accordance with, that provision; and
(b) enforcement or purport to enforce that provision;

“goods”-

(a) when used with respect to particular goods, includes any other goods that are reasonably capable of being substituted for them, taking into account ordinary commercial practice and geographical, technical and temporal constraints;
(b) includes –
(i) ship, aircraft, and vehicles,
(ii) minerals, trees and crops, whether on, under, or attached to land or not,
(iii) gas and electricity;

“Government of the Federation” means the Federal, States and any of the Local Governments of the Federation;
“judge” means Judge of the Court of Appeal;
“members of the Commission” means the Executive Chairman and the Commissioners of the Commission;
“merger” means a transaction falling under the definition of section 93 of this Act;