Section 63 Federal Competition and Consumer Protection Act 2018
Section 63 of the Federal Competition and Consumer Protection Act 2018 is about Prohibition of minimum resale price maintenance. It is under Part VIII (Restrictive Agreements) of the Act.
(1) Any term or condition of an agreement for the sale of any goods or services is void to the extent that it purports to establish minimum prices to be charged on the resale of the goods or services in Nigeria.
(2) Subject to the provisions of subsections (3) and (4), no undertaking or its agent shall-
(a) include in an agreement for the sale of goods or services, a term or condition which is void under this Act; or
(b) notify dealers or otherwise publish on or in relation to any goods or services, price stated or calculated to be understood as the minimum price which may be charged on the resale of the goods or services in Nigeria.
(3) The provisions of subsection (2) (a) do not affect the enforceability of an agreement except in respect of the term or condition which is void under this Act.
(4) Nothing in this section shall be construed as precluding an undertaking or association, or person acting on the undertaking’s behalf, from notifying the dealers or otherwise publishing prices recommended as appropriate for the resale of goods or services supplied or to be supplied by that undertaking.
