The British American Tobacco Nigeria Limited (BATN) and affiliated companies will pay a $110 million penalty over multiple infractions, the Federal Competition and Consumer Protection Commission (FCCPC) said yesterday.
This followed an investigation initiated on 28 August 2020, after the federal commission obtained a court-issued order and warrant of search and seizure.
Substantial evidence, including forensic analysis and testimonies, revealed several violations. The federal commission also says BAT cooperated under the commission’s Cooperation/Assistance Rules & Procedure, 2021 during its investigations.
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The FCCPC also says its Cooperation/Assistance Framework (CAF) provides for benefits in instances like this, 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, which are subject to compliance with Rules 3 and 5.4.
After reviewing evidence and cooperation, the FCCPC and BAT Parties closed the investigation through a consent order resulting in BAT and its affiliates agreeing to a $110 million penalty.
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