Academy of Strategic Management Journal (Print ISSN: 1544-1458; Online ISSN: 1939-6104)

Abstract

The Interface between Competition Law and Consumer Protection Law: An Analysis of the Institutional Design for the Enforcement of the Nigerian Federal Competition and Consumer Protection Act, 2018

Author(s): Nsongurua Unyime Udoudo, Jacob Otu Enyia

Competition Law and consumer protection law are complementary and mutually reinforcing, though their perspectives may differ, they apply different tools to correct market failures. The consolidation of competition and consumer protection regulation in the Nigerian Federal Competition and Consumer Protection Act, 2018 is not uncommon; however, it raises the question as to whether the approach is practical. To this end, this research will use the doctrinal method in analysing the advantages and disadvantages of the consolidated approach adopted by Nigeria. This research finds that competition law and consumer protection law are two distinct areas of law which require separate application and enforcement, and that the Federal competition and consumer Protection Act, 2018 could have been better off without this consolidated approach as seen in the South African Competition Act of 1989 and South African Consumer Protection Act of 2008. The research concludes with recommendations for the Nigerian Federal Competition and Consumer Protection Act 2018 to be amended to establish separate institutions that will regulate competition and consumer protection separately in the same Act.

Get the App