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British American Tobacco to pay Nigeria $110m fine over infringements – FCCPC

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PoS service charge price fixing not collaborative approach – FCCPC

The Commission gathered substantial evidence from forensic analysis of electronic communications, as well as other legitimate sources during and after the search. Following a comprehensive review of the evidence, violations established under the law, and BAT Parties’ cooperation under the Commission’s CAF, the investigation was closed by the mutual execution of a Consent Order and Notice. The parties agreed that BAT Parties shall pay a penalty of $110,000,000 under the provisions of the FCCPA, the Federal Competition and Consumer Protection Commission’s Administrative Penalties Regulations, 2020, and the Investigative Cooperation/Assistance Rules and Procedures, 2021.

Moreover, BAT Parties will be subject to compliance and monitoring under the Commission’s supervision for 24 months to ensure behavioral and business practices modification in compliance with prevailing competition laws/regulations and tobacco control efforts. They are also required to engage in mandatory public health and tobacco control advocacy, in accordance with tobacco control legislation and regulations. In exchange for fulfilling their obligations under the Consent Order, the Commission withdrew pending criminal charges against BATN and at least one employee regarding obstruction of the Commission and lack of initial cooperation in the investigation.


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