Jonathan Nwokpor
According to the federal government, British American Tobacco, Nigeria Limited, and its affiliated companies must pay a $110 million fine for infringement.
Following a lengthy infringement complaint, the Commission filed against BAT, and its affiliated companies, the Federal Competition & Consumer Protection Commission revealed this in a statement on Wednesday.
The Commission stated that it has withdrawn the outstanding criminal charges against BATN and one or more employees related to an attempt to obstruct an investigation in order for BAT Parties to complete their commitments under the Consent Order.
Remember that the Commission launched an ongoing inquiry into British American Tobacco Nigeria Limited and other related businesses on August 28, 2020 (BAT Parties).
Following the receipt of reliable information about BAT’s infringement, the Federal High Court issued an Order and Warrant to the FCCPC.
The Commission conducted concurrent and simultaneous searches and seizures at the locations of several BAT Parties as well as a service provider on January 25, 2021.
“The Commission gathered, received and procured substantial evidence from forensic analysis of electronic communications and other information/data obtained during the search, as well as other evidence procured during and after the search from other legitimate sources.
“Upon full consideration of the record, BAT Parties’ additional articulation, representations and correspondence; totality of evidence procured, violations established under law, BAT Parties’ entry into, and conduct in cooperation and assistance under the Commission’s CAF; the Commission closed the investigation by the Commission and BAT Parties’ mutual execution of a Consent Order and Notice with both parties agreeing:
“That BAT Parties shall pay a penalty of $110,000,000 (One. Hundred and Ten Million Dollars) under and under 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 Commission’s Investigative Cooperation/Assistance Rules and Procedures, 2021;
“That BAT Parties’ shall be subject to compliance and monitoring under the supervision of the Commission for a period of 24 months to ensure appropriate behavioural and business practices modification to be more consistent with compliance with prevailing competition laws/regulations and tobacco control efforts;
“Mandatory public health and tobacco control advocacy in a manner compliant with tobacco control legislation and regulations and satisfactory to the Commission as mitigation to evidence of a pattern of undermining and circumventing national tobacco control policies and regulations; and That BAT Parties shall provide Written Assurances to the Commission under Section 153 of the FCCPA as required.
“In exchange for BAT Parties fulfilling their obligations Under the Consent Order, the Commission withdrew pending criminal charges against BATN and at least one employee concerning obstruction of the Commission by attempting to prevent the execution of the search warrant and initial lack of cooperation/compliance with steps in the investigation”, the Commission stated.
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