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British American Tobacco To Pay $110 Million Over Infringement – FCCPC

In response to many violations, the Federal Competition and Consumer Protection Commission (FCCPC) announced on Wednesday that the British American Tobacco Nigeria Limited (BATN) and its associated corporations would pay a $110 million penalty.

British American Tobacco Marketing (Nigeria) Limited (BATMN), British American Tobacco Plc, and British American Tobacco (Holdings) Limited are among the related entities that broke the law, according to a statement.

This came after an inquiry that was started on August 28, 2020, following the commission’s acquisition of a search and seizure warrant and an order from the court.

 

The FCCPC stated that numerous infractions were exposed by substantial evidence, including forensic analysis and testimony, and that BAT parties complied with 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),” the commission said.

The Commission dropped all pending criminal allegations against BATN and one or more of its employees for trying to obstruct an investigation.

The statement added that the BAT Parties agreed to a $110 million penalty as part of the settlement, which is subject to a 24-month compliance monitoring period. It also stated that the FCCPC and BAT Parties terminated the inquiry through a consent order after evaluating the evidence and cooperation.

“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.

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