FCCPC Secures Major Victory As Tribunal Upholds $220 Million Fine Against Meta And WhatsApp.
The Competition and Consumer Protection Tribunal has delivered a landmark judgment in favour of the Federal Competition and Consumer Protection Commission (FCCPC) against Meta Platforms Incorporated (Facebook) and WhatsApp LLC, affirming the commission’s authority and findings on nearly all contested issues.
In a statement issued by the FCCPC’s Director of Corporate Affairs, Mr Ondaje Ijagwu, it was revealed that the tribunal confirmed the commission’s compliance with prevailing laws and its proper discharge of statutory duties within the framework of the 1999 Constitution (as amended).
The three-member panel, led by Honourable Thomas Okosun, upheld the FCCPC’s findings of violations by WhatsApp and Meta, ruling that the commission acted correctly in identifying discriminatory and exploitative practices against Nigerian consumers. The tribunal subsequently upheld the major aspects of the FCCPC’s Final Order, imposing a $220 million administrative penalty on the two tech giants, alongside an award of $35,000 to the FCCPC as the cost of investigation.
The legal battle dates back to a joint 38-month investigation initiated in 2020 by the FCCPC and the Nigeria Data Protection Commission (NDPC), which scrutinised Meta and WhatsApp’s conduct, privacy practices, and consumer data policies. Following the investigation, the FCCPC had, on 19 July 2024, issued a Final Order against the companies, prompting their appeal.
In its judgment, the tribunal resolved Issues 1 to 7 largely in favour of the FCCPC. Notably, on Issue 3, which alleged a breach of fair hearing, the tribunal ruled that the FCCPC had adequately discharged its quasi-judicial responsibilities by offering Meta and WhatsApp ample opportunity to respond, thus finding no violation of due process.
Similarly, on Issue 4, where the appellants questioned the FCCPC’s powers in matters of data protection and privacy, the tribunal upheld the commission’s statutory authority under Section 104 of the FCCPA to regulate competition and consumer protection even within regulated industries.
The tribunal also dismissed challenges against the FCCPC’s findings on Meta’s privacy policies, concluding that the policies in question contravened Nigerian law. However, while most issues were resolved in favour of the commission, Order 7 of the Final Order was set aside on the grounds of insufficient legal basis.
Reacting to the ruling, FCCPC Executive Vice Chairman/CEO, Mr Tunji Bello, expressed delight at the tribunal’s decision, commending the commission’s legal team for their diligence and forensic expertise in assembling evidence and presenting the case.
Bello reaffirmed the FCCPC’s commitment to protecting the rights of Nigerian consumers and promoting fair business practices, consistent with the FCCPA (2018) and the Renewed Hope Agenda of President Bola Tinubu.
This ruling marks a significant step forward in reinforcing regulatory oversight and consumer protection standards in Nigeria’s evolving digital economy.
