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FG fines BAT $110m for violating control laws

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By Okunloye Abiodun

FCCPC received the court's issuance of an Order for Search and Seizure Warrant.

The infringement of various statutes has led the Federal Competition and Consumer Protection Commission (FCCPC) to impose a hefty $110 million fine on British American Tobacco Nigeria Limited (BATN) along with its associated entities. The said subsidiaries include British American Tobacco Marketing (Nigeria) Limited (BATMN), British American Tobacco Plc, and British American Tobacco (Holdings) Limited. This announcement was made in an official statement released by the FCCPC on Wednesday. Referring to the corporations as BAT Parties, the commission stated that they breached multiple laws, including the FCCPC Act and the National Tobacco Control Act.

After commencing the investigation on August 28, 2020, the commission stated that it concluded its final settlement with the companies by late 2023. Yet, no specific infringements attributed to British American Tobacco Nigeria Limited and its related firms were mentioned by FCCPC. The commission had launched the inquiry due to reliable information, warranting a more comprehensive exploration into the companies’ activities. After convincing the federal high court that there were legitimate grounds and enough proof to employ advanced investigative measures, FCCPC announced the court’s issuance of an Order and Search and Seizure Warrant.

A substantial amount of evidence was gathered from various sources.

According to the statement, on January 25, 2021, the commission carried out synchronised searches and seizures at various BAT Parties establishments and a service provider’s premises as part of its ongoing efforts in compliance with the Order and Warrant. During the investigation, the commission acquired a substantial amount of evidence through the examination of electronic communications and various information sources. This evidence was gathered not only during the search but also from other credible sources before and after the search took place.

Further examination, which encompasses offers, hearings, records of sworn statements, and ongoing scrutiny of proof, confirmed and upheld several breaches of the FCCPA and other legislations. Throughout the investigation and in pursuit of collaborative endeavours between the Commission and BAT Parties, BAT Parties formally requested and were granted participation in cooperation with the commission under its Cooperation/Assistance Rules. The Cooperation/Assistance Framework (CAF) offers several advantages, including the potential for decreased financial penalties (Rule 4.1), exemption from the Commission’s Administrative Penalties Regulations 2020 (Rule 4.2), and the availability of prosecutorial discretion, specifically Rules 5.1 and 5.3 on the condition of adhering to Rules 3 and 5.4.

BAT Parties will undergo a strict 24-month monitoring period.

Upon carefully reviewing the facts, evidence, and infractions regarding the matter, the commission has resolved by entering into a mutually agreed consent order and notice with the BAT parties, effectively bringing the investigation to a close. The commission has stated that in accordance with Sections 155 of the FCCPA, Clause 11 of the Federal Competition and Consumer Protection Commission’s Administrative Penalties Regulations, 2020, and Clause 4.2 of the Federal Competition and Consumer Protection Commissions Investigative Cooperation/Assistance Rules and Procedures, 2021, parties associated with BAT are required to pay a substantial penalty of $110,000,000 (One Hundred and Ten Million Dollars).

In addition, the directive also requires the BAT Parties to undergo a strict 24-month monitoring period, during which their business practices must be altered to align with prevailing competition laws and regulations and tobacco control initiatives. To ensure compliance and prevent any undermining of national policies, the companies will be obligated to actively engage in mandatory public health and tobacco control advocacy in accordance with legislation and regulations. In adherence to Section 153 of the FCCPA, they must provide the Commission with Written Assurances, as stated by the FCCPC.

All obligations will be fulfilled while safeguarding consumers’ welfare.

Lastly, the FCCPC has stated that by fulfilling their duties as outlined in the Consent Order, BAT Parties had the pending criminal charges against BATN and at least one employee dropped. These charges were related to allegations of obstructing the commission by trying to impede the execution of a search warrant and initially showing resistance in cooperating with the investigation. The commission affirmed its unwavering dedication towards fulfilling its duty of fostering and guaranteeing equitable exchange environments while safeguarding the rights and welfare of consumers.

Related Link

FCCPC: Website

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1 month ago

FG fines BAT $110m for violating control laws.FCCPC received the court’s issuance of an Order for Search and Seizure Warrant. – Express your point of view.

1 month ago

BAT is fined $110 million by the FG for breaking control restrictions. The court issued an order for search and seizure warrant, which was received by FCCPC. I’m hoping that the government will carry out the court’s ruling about the control laws’ violation. It is our collective responsibility to uphold the law’s sacredness.

Adeoye Adegoke
1 month ago

It’s important for regulatory bodies to enforce compliance to protect consumers and maintain fair market practices.
When companies violate control laws, it can have serious consequences for the industry and consumers. The fact that the FCCPC received an Order for Search and Seizure Warrant indicates that there is evidence of wrongdoing and the need for further investigation.
Enforcing penalties and fines serves as a deterrent to prevent future violations and helps maintain a level playing field for all players in the market. It also sends a message that non-compliance will not be tolerated, which is crucial for upholding consumer trust and confidence.
It’s essential for companies to prioritize ethical practices, adhere to regulations, and operate with integrity. This helps ensure fair competition, protect consumer rights, and contribute to the overall growth and development of the industry.
Regulatory bodies play a vital role in monitoring and enforcing compliance, and their actions aim to safeguard the interests of consumers and maintain a healthy business environment. It’s important to support their efforts in holding companies accountable for any violations and promoting a transparent and responsible business landscape.

1 month ago

The Federal Competition and Consumer Protection Commission (FCCPC) has the authority to sanction British American Tobacco Nigeria Limited (BATN) and its affiliated companies a substantial sum of $110 million.Based on credible information, the commission had initiated the investigation to provide a more thorough examination of the organizations’ operations.It is imperative that businesses prioritize moral behavior, follow the law, and conduct themselves honorably.

1 month ago

I appreciate the Federal Competition and Consumer Protection Commission’s (FCCPC) commitment to enforcing regulations. The $110 million fine imposed on British American Tobacco Nigeria Limited (BATN) and its entities for violating various laws, including the FCCPC Act and the National Tobacco Control Act, demonstrates the government’s resolve to uphold consumer rights and competition standards. The strict 24-month monitoring period and mandatory advocacy initiatives will contribute to aligning business practices with legal requirements, ensuring public health and consumer welfare. The dropped criminal charges against BATN and an employee highlight the effectiveness of regulatory measures in promoting compliance.