Nigeria 1999
From AntitrustWorldWiki
Score = 10
Governed by: Investments and Securities Decree N° 45 of 1999 (hereinafter referred to as “Securities Act”). [1]
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 0 | |
| Remedies | Fines | 1 | Article 108(b) says that a violation of the merger law can lead to a fine and/or imprisonment. |
| Prison Sentences | 1 | Article 108(b) says that a violation of the merger law can lead to a fine and/or imprisonment. | |
| Divestitures | 1 | Article 100 allows for the dissolution of a company when certain mergers violate the aims of the law. | |
| Private Enforcement | 3rd Party Initiation | 0 | |
| Remedies Available to 3rd Parties | 0 | ||
| 3rd Party Rights in Proceedings | 0 | ||
| Merger Notification | Voluntary | 0 | |
| Mandatory | 3 | Article 105(1) of the Securities Act says that no takeover can occur without the prior Authority of the Commission. | |
| Pre-merger | 2 | Article 105(1) of the Securities Act says that no takeover can occur without the prior Authority of the Commission. | |
| Post-merger | 0 | ||
| Merger Assessment | Dominance | 1 | Article 99(3)(b) says that the Commission shall allow any merger that does not create a monopoly position. |
| Restriction of Competition | 1 | Article 99(3)(a) says that the Commission shall allow any merger that does not have a substantial restriction on competition. | |
| Public Interest (Pro D) | 0 | ||
| Public Interest (Pro Authority) | 1 | Article 105(6) says that the Commission must consider whether the merger will have adverse effects on the economy, manpower, and development within Nigeria. | |
| Other | 0 | ||
| Efficiency | 0 | ||
| Dominance | Limits Access | 0 | |
| Abusive Acts | 0 | ||
| Price Setting | 0 | ||
| Discriminatory Pricing | 0 | ||
| Resale Price Maintenance | 0 | ||
| Obstacles to Entry | 0 | ||
| Efficiency Defense | 0 | ||
| Restrictive Trade Practices | Price Fixing | 0 | |
| Tying | 0 | ||
| Market Division | 0 | ||
| Output Restraint | 0 | ||
| Market Sharing | 0 | ||
| Eliminating Competitors | 0 | ||
| Collusive Tendering/Bid-Rigging | 0 | ||
| Supply Refusal | 0 | ||
| Efficiency Defense | 0 |
