Competition in the Nigerian Telecommunications Industry
Olumide K. Obayemi
Lagos State University, Lagos, Nigeria.
DOI: 10.4236/blr.2014.54027   PDF   HTML   XML   6,418 Downloads   9,879 Views   Citations


A certain means of improving the Nigerian socio-economic environment is through the introduction of healthy laissez faire, free market economy, and competitive economic environment that is strongly rooted equal and easy access to raw materials, workforce, imported raw materials and machineries for production and distribution that would be available to all businesses and manufacturers. There must be rules that eschew nepotism, monopoly, and/or oligopoly. History has always shown that research, development, and innovation thrive in an economic environment founded on freedom, equality and unhindered capacity. This work, therefore, examines and appraises the rules and regulations that have been instituted to encourage healthy competition and forestall antitrust practices among Nigerian businesses. Further, it proffers suggestions for improvement of the Nigerian antitrust rules, in view of multiplicity of legislation covering similar/ identical subject matters. This work reviews the efficacy of the rules promoting competition, within the context of the Nigerian telecommunication sector, and argues for harmonization of all legislation prohibiting anti-trust acts, in order to set definite and coherent standards for all stakeholders. The work further examines the need for necessary reforms that would discourage anti-trust practices and help to achieve the Nigerian government’s goal of attracting foreign investment. In addition, the author looks at the expeditious passage of the Federal Competition Commission Bill 2005 (FCCB) and the setting up of the Federal Competition Commission (FCC), whose aim is to regulate, prevent and punish anti-competitive practices, regulate Mergers, Takeovers and Acquisitions, and protect regulated industries, in every sector and location in Nigeria. In the end, the accompanying suggestions for reform will invariably impact Nigeria’s economic, social, and political competitiveness at the global stage.

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Obayemi, O. (2014). Competition in the Nigerian Telecommunications Industry. Beijing Law Review, 5, 283-297. doi: 10.4236/blr.2014.54027.

Conflicts of Interest

The authors declare no conflicts of interest.


[1] 5 U.S.C. § 706(2) of the Administrative Procedures Act (“APA”).
[2] 5 U.S.C. §704 of the Administrative Procedures Act (“APA”).
[3] Aihevba, F. (2006). A Critique of The Nigerian Competition Bill 2005.
[4] Akanmu, O. (2014). Nigeria’s Sobering Competitiveness Rankings, in the Guardian Newspaper, Friday, 26 September 2014.
[5] American Bar Association (2008). Issues in Competition Law and Policy, Volume 1.
[6] Awosika, E., & Obayemi, O. K. (2014) Technology, Media and Telecommunications Review in Nigeria, Chapter 19, The Technology, Media and Telecommunications Review (5th ed.). London: Law Business Research.
[7] CITA 2004, Companies Income Tax Act, Cap C21, Laws of the Federation of Nigeria (2004) (CITA).
[8] DePemphilis, D. M. (2013). Mergers, Acquisitions, and Other Restructuring Activities (5th ed.), Academic Press Advanced Series.
[9] Dimgba, N. (2009). Regulation of Competition through Merger Control: Case under the Investment and Securities Act 2007, a Paper presented on Tuesday, April 21, 2009 at the Just-Concluded Conference by Section on Business Law (SBL) of the NBA, at Abuja.
[10] Fagbure, A. (2014). More of Mergers and Acquisitions. This Day Lawyer, September 23, 2014, at Page 12.
[11] Federal Competition Commission Bill (2005). The Bill Is Cited as a Bill for an Act to Encourage Competition in the Economy by Prohibiting Restrictive Trade Practices, Controlling Monopolies, Concentrations of Economic Power and Prices, and for Connected Purposes.
[12] First City Monument Bank Plc (FCMB) Has Been Named the “Best Telecom Supporting Bank in Nigeria”.
[13] Global Competitiveness Index 2013-2014: Table 3: The Global Competitiveness Index 2013-2014 Rankings and 2012-2013.
[14] Global Competitiveness Report 2013-2014.
[15] Heckler v. Chaney, 470 U.S. 821, 828 (1985).
[16] ISA (1999). Investment and Securities Act, Cap L24, Laws of the Federation of Nigeria, 1999 (“ISA 1999”).
[17] ISA (2007). Investment and Securities Act, Cap 29, Laws of the Federation of Nigeria (2004) (“ISA 2007”).
[18] Malakata, M. (2011). Helio Towers Nigeria Buys Multi-Links Communication. Computerworld Zam-bia.
[19] NCA 2004 Decree No. 75 of 1992. This Is Now Replaced by the Nigerian Communications Act, Cap N97, Laws of the Federation of Nigeria (LFN), of 2004 (NCA 2004).
[20] NERC 2005, Electric Power Sector Reform Act 2005.
[21] Nigerian Competition Practices Regulations (2007). No. 101, Federal Official Gazette Vol. 94, (Government Notice No. 70) (“NCC Regs”).
[22] Obayemi, O. K. (2014). Legal Validity of Tax Opinions/Advance Tax Rulings in Nigeria: Revisiting Saipem Contracting Nigeria Ltd & Ors vs. Federal Inland Revenue Service & Ors, Suit No.: FHC/L/CS/1081/09. This Day Lawyer, 30 September 2014, 12.
[23] Obayemi, O. K., & Adegola, O. O. (2014). Mergers, Acquisitions and Anti-Trust Rules, under the Investment and Securities Act, 2007. This Day Newspaper, 29 July 2014, 7.
[24] Okonji, E. (2014). Experts Call for Sustained Competition in Telecoms Sector. This Day Newspaper, 25 September 2014.
[25] PanAfrican Capital Plc (2011). Industry Report, Nigerian Cement Industry…A Review of Opportunities and Recurrent Price Hike.
[26] Ribeiro, J. (2010). India’s Bharti Airtel Completes Acquisition of Zain Africa. IDG News Service.
[27] Shaffer, S. (1992). Competition in the US Banking Industry. Economics Letters, 29, 321-323.
[28] Shaffer, S. (2004). Patterns of Competition in Banking. Journal of Economics and Business, 56, 287-313.
[29] Ugwunta, D. O., Ani, W. U., Ugwuanyi, G. O., & Ugwu, J. N. (2012). The Structure of the Nigerian Banking Sector and Its Impact on Bank Performance. Journal of Economics and Sustainable Development, 3, 30.
[30] We Are Social, Global Digital Statistics 2014.
[31] Web Trends Nigeria (2009). Nigeria Internet Users Tops 11 Million, Penetration Now 7.8%.
[32] WTO Background Document (1997). The WTO Negotiations on Basic Telecommunications. World Trade Organization, 17 February 1997.

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