FG fines British American Tobacco $110m for ‘breaching’ control laws

The Federal Competition and Consumer Protection Commission (FCCPC) has fined British American Tobacco Nigeria Limited (BATN) and other affiliated companies $110 million for “infractions” of several laws.

In a statement on Wednesday, FCCPC said the affiliated companies are British American Tobacco Marketing (Nigeria) Limited (BATMN), British American Tobacco Plc, and British American Tobacco (Holdings) Limited.

Describing the companies as BAT Parties, the commission said they contravened the FCCPC Act, and the National Tobacco Control Act, among others.

Following an investigation that began on August 28, 2020, the commission said it reached a final resolution with the companies in late 2023.

However, FCCPC did not mention the infractions linked to British American Tobacco Nigeria Limited and its affiliated companies.

FCCPC said it initiated the investigation based on credible intelligence, which called for a broader and deeper inquiry into the companies’ conduct.

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Upon satisfying the federal high court that there was probable cause and sufficient evidence to exercise advanced investigatory tools, FCCPC said “the court issued an Order and Warrant of Search and Seizure”.

“In furtherance, and pursuant to the Order and Warrant, the Commission on January 25, 2021 executed simultaneous and contemporaneous searches and seizures at multiple BAT Parties locations and a location of a service provider,” the statement said.

“The Commission 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.

“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.

“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).”