By Victoria Ojeme

The Federal Competition and Consumer Protection Commission, FCCPC, has slammed a $110million fine on British American Tobacco (Nigeria) Limited over a range of infringements on the Federal Competition and Consumer Protection Act, National Tobacco Control Act and sundry legal instruments.

The fine is contained in a statement, yesterday by the FCCPC management.

The Commission had, on August 28, 2020, opened an active investigation with respect to British American Tobacco Nigeria Limited and other affiliated companies (BAT Parties).

The commencement of the investigation was based on the commission’s satisfaction that a series of credible pieces of information and intelligence were actionable enough for broader and deeper inquiry with respect to certain conduct, for, by and on behalf of BAT Parties.

Upon satisfying the Federal High Court that there was probable cause and sufficient evidence to exercise advanced statutory regulatory/investigatory tools, the court issued a warrant for search and seizure.

In furtherance to the order, the commission on January 25, 2021, executed simultaneous searches and seizures at multiple BAT Parties locations and a location of a service provider.

The commission said it also gathered, received and procured substantial evidence from forensic analysis of electronic communications and other information/data obtained during the search, as well as other evidence procured during, and after the search from other legitimate sources.

It added that additional investigation, including proffers, hearings, transcripts of sworn testimonies, and continuing analysis of evidence established and supported multiple violations of the FCCPA and other enactments.

 The statement reads, “During the investigation and in furtherance of mutual engagements between the commission and BAT Parties, BAT Parties in writing sought, and the commission accepted BAT Parties into cooperation under the Commission’s Cooperation/Assistance Rules & Procedure, 2021 (CARP).

“The Cooperation/Assistance Framework, CAF, provides for benefits such as possible reduced monetary penalties (Rule 4.1); waiver of the application of the Commission’s Administrative Penalties Regulations 2020 (Rule 4.2); as well as prosecutorial discretion, particularly Rules 5.1 and 5.3 (subject to compliance with Rules 3 and 5.4).

“Upon full consideration of the record, BAT Parties’ additional articulation, representations and correspondence, totality of evidence procured, violations established under law, BAT Parties’ entry into, and conduct in cooperation and assistance under the Commission’s CAF, the commission closed the investigation by the commission and BAT Parties’ mutual execution of a consent order and notice with both parties agreeing that BAT Parties shall pay a penalty of $110million under and pursuant to Sections 155 of the FCCPA, Clause 11 of the Federal Competition and Consumer Protection Commission’s Administrative Penalties Regulations, 2020 and Clause 4.2 of the Federal Competition and Consumer Protection Commission’s Investigative Cooperation/Assistance Rules and Procedures, 2021.