The Competition and Consumer Protection Tribunal has affirmed a $220 million penalty imposed on Meta Platforms Incorporated by the Federal Competition and Consumer Protection Commission (FCCPC).
In a Friday statement, FCCPC’s Corporate Affairs Director, Ondaje Ijagwu, revealed that the tribunal also ordered Meta to pay $35,000 to cover investigation expenses. Ijagwu emphasized that the tribunal found the FCCPC’s actions lawful, compliant with the 1999 Constitution (as amended), and within its mandate.
The tribunal further upheld the FCCPC’s findings that Meta and WhatsApp engaged in multiple violations, confirming the accuracy of the commission’s conclusions.
The tribunal, chaired by Honorable Thomas Okosun, heard final arguments on January 28, 2025, from Meta and WhatsApp’s legal team, led by Gbolahan Elias (SAN), and the FCCPC’s team, led by Babatunde Irukera.
On July 19, 2024, the FCCPC issued a $220 million fine following a 38-month investigation, conducted with the Nigeria Data Protection Commission (NDPC), into Meta and WhatsApp’s alleged discriminatory and exploitative practices against Nigerian consumers. The probe, launched in 2020, examined the companies’ privacy policies and consumer data practices.
Meta and WhatsApp challenged the FCCPC’s order at the tribunal, disputing its legal basis and findings. However, the tribunal dismissed most of their objections, validating the FCCPC’s investigative processes and authority. It ruled that the commission provided Meta ample opportunity to respond, rejecting claims of unfair hearing.
The tribunal also confirmed the FCCPC’s mandate under Section 104 of the FCCPA to oversee competition and consumer protection, even in data privacy matters, and upheld findings that Meta’s privacy policies violated Nigerian law.
While the tribunal largely sided with the FCCPC on Issues 1 to 7, it overturned Order 7 of the FCCPC’s Final Order, citing insufficient legal grounding.
FCCPC Executive Vice Chairman/CEO Tunji Bello praised the tribunal’s landmark ruling and commended the commission’s legal team for their meticulous evidence gathering and arguments.
Bello reaffirmed the FCCPC’s dedication to protecting Nigerian consumers and promoting fair business practices, in line with the FCCPA (2018) and President Bola Ahmed Tinubu’s Renewed Hope Agenda.
WHAT YOU SHOULD KNOW
The tribunal upholding the $220 million fine on Meta is a landmark victory for Nigeria’s FCCPC and a pivotal moment in the country’s efforts to regulate global tech giants.
The ruling affirms the FCCPC’s authority, validates its investigative processes, and reinforces Nigeria’s commitment to consumer protection and data privacy.
For Meta, the decision is a costly reminder of the need to align with local laws in key markets like Nigeria.
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