This is for the infringements of the Federal Competition and Consumer Protection Act, National Tobacco Control Act, and sundry legal instruments, the commission disclosed on Wednesday in a release on its X page.
It stated that it began an active investigation with respect to British American Tobacco Nigeria Limited and other affiliated companies (BAT Parties) on August 28, 2020, and opened an active investigation after it received credible pieces of information and intelligence.
Commenting on the resolution, it said, “During the year ending 2023, The Federal Competition & Consumer Protection Commission (Commission) came to a final resolution with British American Tobacco (Nigeria) Limited (BATN, British American Tobacco Marketing (Nigeria) Limited (BATMN), British American Tobacco Plc, British American Tobacco (Holdings) Limited (All together referred to as BAT Parties) with respect to a range of infringements of the Federal Competition and Consumer Protection Act, National Tobacco Control Act and sundry legal instruments.”
The FCCPC stated that investigation, including proffers, hearings, transcripts of sworn testimonies, and continuing analysis of evidence established and supported multiple violations of the FCCPA and other enactments.
It highlighted that during the investigation and in furtherance of mutual engagements between the Commission and BAT Parties, BAT Parties in writing sought, and the Commission accepted BAT Parties into cooperation under the Commission’s Cooperation/Assistance Rules & Procedure, 2021.
It clarified that this provides for benefits such as possible reduced monetary penalties; waiver of the application of the Commission’s Administrative Penalties Regulations 2020; as well as prosecutorial discretion, particularly Rules 5.1 and 5.3 (subject to compliance with Rules 3 and 5.4).
The FCCPC noted that its penalties were reached upon full consideration of the record, BAT Parties’ additional articulation representations and correspondence.
Part of the verdict of the investigation red, “That BAT Parties shall pay a penalty of $110,000,000 (One Hundred and Ten Million Dollars) under and pursuant to 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.”
Other include BAT subjecting itself to compliance and monitoring for a period of 24 months, mandatory public health and tobacco control advocacy, and provisions of written assurances (by BAT) to the commission.
The commission added that in exchange for BAT Parties fulfilling their obligations, it withdrew pending criminal charges against BATN and at least one employee.
