Nigeria Flexes Regulatory Muscle: Tribunal Upholds $220 Million Fine Against WhatsApp and Meta Over Data Discrimination Practices

By: Nicole Araujo (African Antitrust)

In this piece for African Antitrust, author Nicole Araujo explores the Nigerian Competition and Consumer Protection Tribunal’s recent decision to uphold a $220 million fine issued by the Federal Competition and Consumer Protection Commission (FCCPC) against WhatsApp and Meta. Alongside the main fine, the Tribunal imposed an additional $35,000 administrative penalty to cover costs from a 38-month investigation. This outcome signals Nigeria’s intensifying regulatory stance toward major technology platforms operating in its digital space.

The fine originated from findings that WhatsApp and Meta engaged in discriminatory data handling and violated Nigerian data protection laws, affecting over 51 million users. Andreas Stargard of Primerio noted that the FCCPC uncovered unauthorized user data sharing and inadequate consent mechanisms, with discriminatory practices compared to other global markets. He pointed out that the FCCPC’s jurisdiction as a consumer protection body gave it leverage in areas typically overseen by data authorities, and referenced the Commission’s mixed enforcement record, including a recent setback in the Dangote refinery case.

Meta contested the fine on 22 grounds, citing issues such as procedural flaws, unclear directives, and the impracticality of complying within the FCCPC’s timeframe. Their legal team argued the Commission’s orders were vague and unsupported by Nigerian law. The FCCPC countered that the sanctions were meant to correct behavior, not financially penalize. The Tribunal rejected Meta’s appeal, affirming the Commission’s authority and its interpretation of discriminatory conduct…

CONTINUE READING…