A CRITICAL EXAMINATION OF THE FCCPC’S AND FCCPT’S INSTITUTIONAL DESIGN MODEL

Adesina-Babalogbon, Oluwafunmilayo and Abibu, Akinyemi A CRITICAL EXAMINATION OF THE FCCPC’S AND FCCPT’S INSTITUTIONAL DESIGN MODEL. Obafemi Awolowo University Law Journal. ISSN ISSN 0795-8714

Text AMENDED FCCPC PAPER 110221 CLEAN COPY.pdf Download (434kB)

Abstract

A nation’s competition law and policy are only as good as the effectiveness levels of the regulatory body in charge of fulfilling the goals and objectives set out in the legislation. There is a nexus between task achievement and institutional design, the latter being a reference to the organisational blueprint upon which the manpower deploy resources in executing the rules, aims and objectives of the competition law and policy. Increasing spotlight is placed on institutional structures of competition agencies as they are seen as impacting on the competition authority’s efficiency, either positively, or otherwise. The research methodology deployed was essentially doctrinal as the Federal Competition and Consumer Protection Commission Act of 2019 was analysed for the determination of the type of competition authority model adopted. This was done, upon due consideration of the different types of models adopted in designing competition agencies, with emphasis on their selling points and their weaknesses. Consequently, the examination of Nigeria’s Federal Competition and Consumer Protection Commission and the Tribunal, was done in order to ascertain the powers appropriated to each with particular interest in the Tribunal’s adjudicative powers as a specialised competition court in accordance with the provisions of section 39(2) of the Act. The examination revealed that, in 2 (two) years since the signing of the Act which created the two bodies into law, no recourse has been made to the Tribunal particularly for the purpose of instituting proceedings, despite the fact that there have arisen cases over which it has the legal capacity to assume jurisdiction. The provisions of the Act have not been complied with as the Federal High Court has been the court before whom competition and consumer protection matters have been brought. This paper therefore recommended that the FCCP Tribunal should be made to assume its responsibility as a full-fledged quasi-judicial body through the institution of proceedings in respect of matters over which the Act conferred it with jurisdiction, by the deliberate action of the Commission in referring cases on competition and consumer protection to it. A further amendment to the provisions of the law should be considered for the purpose of creating a stand-alone court with jurisdiction to preside over competition and consumer-protection cases. This qualitative research work relied heavily on journal articles, judicial decisions and statutes. _____________________________________________________________________________ Keywords: Antitrust, Competition Regulation, Institutional Design, Administrative Model, Prosecutorial Model, Dominant Position

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/2021

Actions (login required)

View Item