Tribunal Backs $220 Million Fine Against Meta By FCCPC

The Federal Competition and Consumer Protection Commission’s (FCCPC) $220 million fine against Meta Platforms Inc. has been upheld by the Competition and Consumer Protection Tribunal.

FCCPC’s Director of Corporate Affairs, Ondaje Ijagwu, confirmed the ruling in a statement on Friday, adding that the tribunal also awarded the commission $35,000 to cover the costs of its investigation. The tribunal affirmed that the FCCPC acted within its legal authority under Nigeria’s 1999 Constitution (as amended) and properly executed its mandate. Additionally, the tribunal ruled that the FCCPC had legally identified multiple violations by Meta and its subsidiary, WhatsApp.

The three-member panel was led by Honourable Thomas Okosun.

Meta and WhatsApp’s legal team, headed by Professor Gbolahan Elias (SAN), and the FCCPC’s legal team, led by Mr. Babatunde Irukera, presented their final arguments on January 28, 2025.

The FCCPC first imposed the $220 million administrative penalty on July 19, 2024, after concluding that Meta and WhatsApp engaged in discriminatory and exploitative practices against Nigerian consumers. The investigation began in 2020 and stemmed from a 38-month joint probe by the FCCPC and the Nigeria Data Protection Commission (NDPC) into Meta’s conduct, privacy practices, and consumer data policies.

Dissatisfied with the penalty, Meta and WhatsApp appealed the FCCPC’s decision, challenging the legal basis and findings. However, the tribunal ruled in favour of the FCCPC on several key issues. It dismissed the appellants’ objections to the findings, orders, and legal competence of the commission.

A central issue in the case (Issue 3) alleged a breach of fair hearing, but the tribunal affirmed that the FCCPC had provided the appellants with ample opportunity to respond and found no violation of due process. On Issue 4, the tribunal validated the FCCPC’s authority over data protection and privacy, confirming its right to regulate competition and consumer protection in all sectors.

In Issue 5, which contested the FCCPC’s findings on Meta’s privacy policies, the tribunal ruled that the policies violated Nigerian law. Although Issue 7 was resolved in the FCCPC’s favour, the tribunal did set aside Order 7 of the commission’s final order, finding it lacked sufficient legal basis.

FCCPC Executive Vice Chairman/CEO Mr. Tunji Bello expressed satisfaction with the landmark judgement, commending the commission’s legal team for their exceptional work in presenting their case. He reiterated the FCCPC’s commitment to protecting Nigerian consumers and ensuring fair business practices in line with the FCCPA (2018) and President Bola Tinubu’s Renewed Hope Agenda.