Meta Platforms Incorporated and its subsidiary WhatsApp are contesting a $220 million penalty imposed by Nigeria’s Federal Competition and Consumer Protection Commission (FCCPC) for alleged discriminatory practices. The FCCPC argues that the penalty, reduced from an initial $6.18 billion, was intended to address the company’s practices rather than impose punitive measures.
Meta’s legal team has appealed the decision before the Competition and Consumer Protection Tribunal, describing the penalties as excessive, vague, and impossible to implement under Nigerian law. They also argued that the FCCPC’s demands lack legal backing.
The FCCPC, in its defence submitted on October 11, 2024, stated that the penalty calculation followed the Administrative Penalties Regulations 2020 (APR). Initially pegged at $6.18 billion, the fine was reduced to $220 million after the Commission opted for remedial rather than punitive actions. Investigation costs were also revised to $35,000.
The FCCPC’s Chairman, Babatunde Irukera, highlighted the importance of swift regulatory compliance to prevent consumer harm and maintain market stability. He warned that relying solely on criminal prosecution for corporate violations would overwhelm the justice system and undermine regulatory efficiency.
The Commission accused Meta of exploitative practices that allegedly violated constitutional guarantees, such as the misuse of private information, affecting an estimated 51 million Nigerian consumers. These practices, the FCCPC argued, posed a threat to the public interest and the integrity of the country’s legal framework.
Meta, however, maintains that its practices are lawful and globally aligned, pointing to similar global fines, including a €1.2 billion penalty imposed by the European Data Protection Board for privacy violations.
The tribunal has adjourned the case for hearing on January 28, 2025.
