Nigerian Merger Control: Principles and Practice

Nigerian Merger Control: Principles and Practice is Nigeria’s pioneer text on merger control upon the enactment of the Federal Competition and Consumer Protection Act (FCCPA). The Book comprises 4 Parts.

Part 1 examines the rationale for mergers and discusses waves of mergers as a cyclical phenomenon. The Part discusses the objective of competition law generally and merger control specifically and then explores the various transactions covered by Nigerian merger control. Part 1 ends with an examination of the merger notification process.

Part 2 examines the structural analysis of a merger notification. It explores the concepts of market definition, market concentration within the Nigerian context. Part 2 analyses the theories of harm under Nigerian competition law, namely, the unilateral effect, coordinated effect and foreclosure.

Part 3 analyses when a merger is found to be substantially preventive and lessening of competition and discusses the strength of competition tests contemplated in the FCCPA and the subsidiary enactments.

Part 4 which is the concluding part examines the trade-off analysis which is carried out when a merger is found to be substantially preventive or lessening of competition. Part 4 discusses the efficiency exceptions and public interest grounds for approving mergers that threaten competition. Part 4 ends with an examination of remedies available in respect of anti-competitive transactions.