MAKING A CASE FOR FCCPC AS A SINGLE FUNCTION COMPETITION AGENCY

Adesina-Babalogbon, Oluwafunmilayo and Ibikunle, Doyinsola MAKING A CASE FOR FCCPC AS A SINGLE FUNCTION COMPETITION AGENCY. Afe Babalola University Ado-Ekiti Journal of Public and International Law.

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Abstract

Advancing a country’s competition policy is hinged on choosing the best institutional design for that jurisdiction. It is therefore of paramount interest to any country to make informed choice on the basis of not only what works best in other jurisdictions, but the peculiarities of the jurisdiction making the choice. A multiple function competition authority juggles other roles apart from competition enforcement. This has brought the need to consider how the institutional design of an agency with multiple roles impacts on the implementation of the core goals of antitrust. While conceding that combining competition enforcement with other responsibilities has its merits, it is advocated that the best service a nation can render its economy is to establish a single function competition agency. For this paper, the research methodology relied on was qualitative as relevant journal articles and the provisions of the Federal Competition and Consumer Protection (FCCPA) Act of 2019 were analysed. Analysis of the policy outcomes of the Federal Competition and Consumer Protection Commission (FCCPC) revealed that it grossly underperformed in the two years since the Commission was established. The observation made indicated that burdening the Agency with regulatory powers in respect of consumer protection distracted it from applying itself to its core mandate of competition enforcement. For effectiveness, it was recommended that it should be divested of its responsibilities in respect of consumer protection. Keywords: Antitrust/Competition, Regulation, Institutional Design, Multiple Function Design, Dominant Position, Consumer Protection

Item Type: Article
Subjects: K Law > K Law (General)
Divisions: Faculty of Law, Arts and Social Sciences > School of Management
Depositing User: Unnamed user with email [email protected]
Date Deposited: 11 Oct 2022 11:12
Last Modified: 11 Oct 2022 11:12
URI: http://eprints.federalpolyilaro.edu.ng/id/eprint/2018

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