Nigerian Court Upholds $220m Fine Against Facebook, WhatsApp

The Competition and Consumer Protection Tribunal has upheld a $220m fine imposed on Meta Platforms Incorporated, the parent company of Facebook and WhatsApp LLC, by the Federal Competition and Consumer Protection Commission (FCCPC).

The court affirmed the commission’s authority and the legality of its actions following a lengthy investigation into the companies’ conduct in Nigeria.

Delivering judgment in Abuja on Friday, the Tribunal dismissed Meta and WhatsApp’s appeal against the FCCPC’s Final Order issued in July 2024, which penalised the tech giants for discriminatory and exploitative practices against Nigerian consumers.

In addition to reaffirming the administrative penalty, the tribunal also awarded the FCCPC $35,000 as the cost of the investigation.

The three-member panel, led by Hon. Thomas Okosun, ruled that the FCCPC acted within its constitutional mandate and complied with all applicable laws during its investigation.

The case stemmed from a 38-month joint probe launched in 2020 by the FCCPC and the Nigeria Data Protection Commission (NDPC), focusing on the companies’ privacy practices, data policies, and overall conduct.

Meta and WhatsApp, dissatisfied with the FCCPC’s July 2024 Final Order, had challenged the Commission’s findings, legal competence, and the fairness of its processes.

However, the tribunal, in resolving key issues raised in the appeal, largely sided with the FCCPC.

It ruled that the commission afforded the companies ample opportunity to respond during the investigation and found no breach of fair hearing.

It also upheld the FCCPC’s powers under Section 104 of the Federal Competition and Consumer Protection Act (FCCPA) to regulate data protection and consumer rights, even in regulated sectors.

Particularly, the tribunal validated the FCCPC’s findings on Meta’s privacy policies, stating they were rightly found to be in violation of Nigerian law.

However, the tribunal set aside one element (Order 7) of the Commission’s Final Order, citing insufficient legal basis.

Reacting to the ruling, FCCPC Executive Vice Chairman/CEO, Mr. Tunji Bello, praised the legal team’s diligence and reaffirmed the Commission’s commitment to safeguarding consumer rights and promoting fair business practices in Nigeria in line with the FCCPA (2018) and the Renewed Hope Agenda of President Bola Ahmed Tinubu.

The legal team for Meta and WhatsApp was led by Professor Gbolahan Elias, while Mr. Babatunde Irukera led the FCCPC’s representation.

Final arguments in the matter were presented before the tribunal on January 28, 2025.

Nigerian Court Upholds $220m Fine Against Facebook, WhatsApp is first published on The Whistler Newspaper