The Federal Competition and Consumer Protection Commission (FCCPC) tribunal has upheld a $220 million fine against Meta Platforms Incorporated and WhatsApp over discriminatory data practices against Nigerian users.
The ruling delivered by a three-member panel led by Thomas Okosun also ordered the tech giant to reimburse the FCCPC the sum of $35,000 for the cost of its investigation.
In a statement on Friday by the FCCPC’s director for corporate affairs, Ondaje Ijagwu, the agency said it had on July 19, 2024, imposed a fine of $220 million on Meta, the parent company of WhatsApp, Facebook, and Instagram, for multiple data privacy violations.
However, Meta said it would appeal the fine.
The case stemmed from a 38-month joint investigation by the FCCPC and the Nigeria Data Protection Commission (NDPC) into the privacy practices and consumer data policies of WhatsApp and Meta.
The tribunal dismissed the appeals filed by Meta and WhatsApp, which challenged the legal basis of the commission’s findings and orders, maintaining that it acted within its constitutional and statutory powers in investigating and sanctioning the companies for alleged anti-competitive and exploitative practices.
Instead, it upheld the commission’s position on nearly all contested issues.
Gbolahan Elias (SAN) led WhatsApp and Meta’s legal teams, while Babatunde Irukera led the FCCPC’s legal team.
Commenting on the judgment, the Executive Vice Chairman and Chief Executive Officer of the FCCPC, Tunji Bello, described it as a landmark judgment reinforcing the commission’s mandate to protect consumers and ensure fair market practices.
