NIGERIAN COMMUNICATIONS ACT - COMPETITION PRACTICES REGULATIONS, 2007

Regulations prohibit anti-competitive conduct in the Nigerian telecommunications sector, including abuse of market dominance and price fixing. They target all licensed operators, especially dominant players and new entrants. This promotes fair competition and protects consumers through better pricing.

What Is This Policy?

Regulations prohibiting anti-competitive conduct in the Nigerian telecommunications sector, including abuse of market dominance, price fixing, and anti-competitive mergers.

Who Does It Target?

All licensed telecommunications operators Dominant market players (MTN, Airtel, Glo, etc.) New entrants and smaller operators NCC Competition and Economic Analysis Department

What Does It Aim to Achieve?

Promote and maintain fair competition in the Nigerian telecoms market, prevent abuse of dominant positions, protect smaller operators from exclusionary conduct, and benefit consumers through competitive pricing.

Key Features

Dominance Assessment: Provides criteria for determining when an operator holds a dominant position in a relevant market. Prohibited Conduct: Bans predatory pricing, exclusive dealing, tying arrangements, and refusal to interconnect by dominant operators. Access Obligations: Imposes special obligations on dominant operators to provide non-discriminatory access to key facilities. Merger Review: Grants the NCC jurisdiction to review and approve telecommunications mergers and acquisitions.

Current Status

Rollout Stage: Active Coverage: Nigerian telecommunications market Beneficiaries: Smaller operators, consumers, and the competitive market Funding: NCC operational budget

How to Access

Operators may file competition complaints with the NCC Dominant operators must file regulated access agreements for NCC approval Application method: File competition complaints at https://www.ncc.gov.ng

Important Terms

Abuse of dominance may result in fines and mandatory access orders Mergers must be notified to the NCC where thresholds are met NCC determinations may be appealed to the Federal High Court

Official Resources

Website: https://www.ncc.gov.ng Contact: Nigerian Communications Commission (NCC)

Legal Framework

The Nigerian Communications Act (Competition Practices) Regulations are issued under the Nigerian Communications Act 2003, which grants the NCC authority to regulate competition in the telecommunications market. They operate alongside the Federal Competition and Consumer Protection Act 2018, the FCCPC Merger Review Regulations 2020, and the NCC Dominant Operator provisions. The OECD Competition Assessment Checklist and the ECOWAS Telecommunications Sector Harmonisation framework provide international competition benchmarks.