Nigeria: Competition and Consumer Protection Tribunal upholded FCCPC's ruling against Meta and WhatsApp

On 25 April 2025, the Nigerian Competition and Consumer Protection Tribunal confirmed the Final Order issued by the Federal Competition and Consumer Protection Commission (FCCPC) against Meta Platforms Incorporated and WhatsApp LLC. The Tribunal upheld the administrative penalty of USD 220 million against Meta and WhatsApp and awarded an additional USD 35'000 to the FCCPC as reimbursement for investigation costs. The Tribunal affirmed the FCCPC's conclusions that Meta and WhatsApp had engaged in exploitative and discriminatory practices, constituting a violation of Nigerian competition and consumer protection laws. The Tribunal rejected the appeal lodged by the companies, determining that the FCCPC had adhered to constitutional and procedural requirements and had correctly exercised its authority under Section 104 of the Federal Competition and Consumer Protection Act (FCCPA). While one element of the Final Order (Order 7) was set aside due to insufficient legal basis, all other components, including remedies to restore users' data control rights, restrictions on data sharing without consent, and requirements to revert to previous data-sharing practices, were confirmed. The case stemmed from a 38-month investigation into discriminatory practices by the companies, which violated Nigerian consumer laws.