British American Tobacco to pay $110 million over infringement

The Federal Competition and Consumer Protection Commission (FCCPC) on Wednesday said the British American Tobacco Nigeria Limited (BATN) and affiliated companies will pay a $110 million penalty over multiple infractions.

The FCCPC announced this in a statement on Wednesday, noting that the affiliated companies are British American Tobacco Marketing (Nigeria) Limited (BATMN), British American Tobacco Plc, and British American Tobacco (Holdings) Limited.

For the company and other affiliated entities to complete their duties under an agreed consent order, the commission withdrew outstanding criminal charges against BATN and at least one employee.

According to a statement by the FCCPC on Wednesday, an investigation was initiated on 28 August 2020, after the commission obtained a court-issued order and warrant of search and seizure.

Substantial evidence, including forensic analysis and testimonies, revealed several violations and BAT parties cooperated under the commission’s Cooperation/Assistance Rules & Procedure, 2021.

“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),” it said.

After reviewing evidence and cooperation, the FCCPC and BAT Parties closed the investigation through a consent order, the statement said, adding that the settlement involves BAT Parties agreeing to a $110 million penalty, subjected to 24-month compliance monitoring.

“That BAT Parties shall pay a penalty of $110,000,000 (One hundred and Ten Million Dollars) 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,” it said.

Additionally, the companies committed to mandatory public health and tobacco control advocacy, the FCCPC said.

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The Commission said it withdrew pending criminal charges related to obstructing the investigation, in line with its dedication to fair markets, consumer protection, and law enforcement.

The statement said the investigation’s outcome reflects the commission’s commitment to holding businesses accountable, even through complex investigations, as a distorted market harms consumers and undermines economic stability and growth.