Competition and Antitrust

Capacity Building & Training
May 24, 2017
Law 6
Employment Relations
May 24, 2017

Our Competition & Antitrust Group comprises some of the most renowned practitioners in this area in Nigeria. Our knowledge of key aspects of Nigeria’s nascent competition law regime is unrivalled. We have advised the government on the introduction of a proposed multi-sectoral Competition Act in Nigeria and have provided sector-specific capacity building services to several government agencies on competition and anti-trust issues. On a continuous basis, SCP has advised several foreign-to-foreign mergers on the applicability or availability of a local effects test in Nigeria. Recently, the firm was appointed consulting counsel for the Civil Aviation authority and the Consumer Protection Council in respect of an industry-wide anti-competitive investigation.

 

How We Can Help

  • Merger Control in M&As: SCP has broad experience and success in obtaining regulatory approval from Securities and Exchange Commission for mergers. From threshold evaluation to competition and substitutability analysis SCP counsels clients from an initial analysis of antitrust feasibility and structuring of transactions through obtainment of the SEC’s approval. The members of SCP’s team have assisted both foreign and domestic clients.
  • Compliance Programs: We offer a wide range of organizations unparalleled experience in designing, implementing and monitoring comprehensive, custom-tailored competition compliance programs. The consequences of failing to comply with competition laws are substantial and increasing – possibly leading to the imposition of heavy fines, civil damages claims, damage to reputation and criminal sanctions. It is therefore essential for businesses, particularly those with widespread geographic operations and/or a high turnover of employees, to establish a sound program of risk management and internal control.
  • Sector-Specific Regulation- Sector-specific regulation is an increasingly important part of our practice. We advise clients in the civil aviation, electricity and telecommunication sectors on antitrust and competition-related matters.
  • Abuse of Market Dominance and Restrictive Practices: We assist regulatory agencies in investigation of abuse of market dominance in key industrial sectors.

 

Key Achievements

Some of the key achievements of our Competition and Anti-trust Group are listed below:

  • Provided capacity-building assistance to the Presidential Committee on Trade Malpractices (PCTM) on the introduction/operation of competition law in Nigeria.
  • Provided advisory services to the Nigerian Consumer Protection Council on the introduction of hearing procedures and complaints handling mechanisms.
  • Advised the Federal Ministry of Justice on the introduction of a Competition Law and antitrust regime in Nigeria.
  • Provided rule making/ regulations drafting services to the Nigerian Civil Aviation Authority (NCAA) on the introduction of economic regulation/ competition/ consumer protection.
  • Acted as primary local counsel for several foreign-to-foreign mergers with relevant asset quotient impact in Nigeria in the area of merger control and competition analysis under the Investments and Securities Act.
  • Preparation and negotiation of, and advice concerning, various non-competition agreements and related matters.
  • Provided capacity-building assistance to the Presidential Committee on Trade Malpractices (PCTM) on the introduction/operation of competition law in Nigeria.
  • Advised the Federal Ministry of Justice on the introduction of a Competition Law and antitrust regime in Nigeria.
  • Consulted for Nigerian Civil Aviation Authority (NCAA) on anti-competitive pricing and anti-consumer activities on two major airlines. The consultation & aftermath investigation forced the airlines to introduce same pricing equilibrium which forced the fare between Ghana-UK route to par with the Nigeria-UK route.
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