BAT Nigeria and Affiliates Penalized $110 Million by FCCPC for Numerous Violations.
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The Federal Competition and Consumer Protection Commission (FCCPC) has fined British American Tobacco (BAT) Nigeria and its affiliated companies $110 million for multiple violations of the FCCPC Act, the National Tobacco Control Act, and other legal instruments. In a statement released in Abuja on Wednesday, the commission clarified that the fine resulted from mutual engagement with BAT under the FCCPC’s Cooperation/Assistance Rules & Procedure (CARP) 2021, offering potential benefits for cooperation.
BAT parties will undergo a 24-month compliance and monitoring program by the FCCPC to ensure adherence to appropriate business practices. They are also required to conduct a mandatory public health and tobacco control advocacy campaign compliant with relevant laws. Additionally, BAT parties will provide written assurances to the Commission as per Section 153 of the FCCPA. In exchange, the Commission has withdrawn pending criminal charges against BAT Nigeria and one employee for obstructing the execution of a search warrant and initial lack of cooperation during the investigation.
The FCCPC initiated the investigation on August 28, 2020, based on credible information, leading to simultaneous searches at multiple BAT locations and a service provider’s location on January 25, 2021. Subsequent analysis of seized electronic communications and other data, along with additional investigation and evidence gathering, confirmed multiple violations of the FCCPA and other relevant laws. The investigation commenced after the Federal High Court was satisfied that there was probable cause and sufficient evidence.
To utilize advanced statutory regulatory and investigatory tools, the court issued an Order and Warrant of Search and Seizure.
On January 25, 2021, the Commission conducted simultaneous searches and seizures at various locations of BAT parties and a service provider. Substantial evidence was gathered, received, and procured through forensic analysis of electronic communications, other obtained information/data, and additional evidence from legitimate sources during and after the search.
Further investigation, including proffers, hearings, transcripts of sworn testimonies, and ongoing analysis of evidence, confirmed multiple violations of the FCCPA and other enactments.
The FCCPC emphasizes its dedication to upholding its mandate of promoting fair markets and protecting consumer interests. This outcome underscores the Commission's unwavering commitment to enforcing the law and holding businesses accountable, even in cases requiring complex and lengthy investigations.
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