April 25, (THEWILL) – The Competition and Consumer Protection Tribunal has upheld a fine of $220 million imposed on Meta Platforms (owners of Facebook) and WhatsApp LLC by the Nigerian government.
The judgement follows an appeal by Meta to challenge the fine imposed by the Federal Competition and Consumer Protection Commission (FCCPC) after the regulator concluded that the companies engaged in discriminatory and exploitative practices against Nigerian consumers.
FCCPC had, on July 19, 2024, issued a Final Order imposing a $220 million administrative penalty on the social media platforms.
The fine was imposed after a 38-month joint investigation initiated by the FCCPC and the Nigeria Data Protection Commission (NDPC) into the conduct, privacy practices, and consumer data policies of Meta Platforms and WhatsApp.
Dissatisfied with the Order, Meta and WhatsApp appealed to the Tribunal, challenging both the legal basis and the findings of the Commission.
Affirming the FCC’s authority and actions in a judgement on Friday, a three-member panel of the tribunal, led by Honourable Thomas Okosun, held that the Commission complied with prevailing laws, discharged its mandate, and exercised its powers within the confines of the 1999 Constitution (as amended).
It held that the multiple actions by WhatsApp and Meta, for which the Commission made findings of violations, were correctly identified, and that the Commission did not err in making those findings.
While it upheld the fine, the tribunal awarded the sum of $220 million against Meta Platforms Incorporated and WhatsApp LLC as an administrative penalty, and further awarded $35,000 to the FCCPC as the cost of investigation.
While expressing delight at the landmark judgement, FCCPC Executive Vice Chairman/CEO, Tunji Bello, thanked the Commission’s legal team for their exceptional diligence and forensic skills in assembling evidence and marshalling their argument.
A statement signed on Friday by Ondaje Ijagwu, Director, Corporate Affairs, FCCPC, said Bello restated FCCPC’ unwavering commitment to not only championing the rights of Nigerian consumers but also ensuring fair business practices in the country in accordance with FCCPA (2018) and consistent with the Renewed Hope Agenda of President Bola Tinubu.
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