Nigeria: Merger Review Guidelines

On 20 November 2020, the Federal Competition and Consumer Protection Commission (FCCPC) issued the Merger Review Guidelines. The Merger Review Guidelines 2020 outline the FCCPC’s approach to assessing proposed mergers under the Federal Competition and Consumer Protection Act 2018. While many mergers enhance efficiency and do not pose competition concerns, some may substantially reduce competition, harming consumers and economic growth. The FCCPC's role is to identify and prevent anti-competitive mergers while allowing beneficial transactions to proceed quickly. The guidelines explain the principles, analytical methods, and legal framework governing merger reviews, providing transparency and predictability for businesses and legal practitioners. The document also emphasises that merger analysis is inherently predictive, aiming to prevent competitive harm before it materialises. As market conditions and legal interpretations evolve, the FCCPC may revise the guidelines, with the latest version always available on its website.