ENFORCEMENT MODELS IN COMPETITION LAW: COMPARATIVE PERSPECTIVES AND IMPLICATIONS FOR NIGERIA

Abstract

One of the main objectives of competition law is to forestall inordinate acquisition of market power by firms as well the management of such powers in situations where they already exist. The essence of competition regulation is to ensure that all the benefits which competition law provides for, such as proliferation of choices for consumers, affordability of goods and services; outstanding quality of products and services are achieved. Institutions play a huge role in every sector as they form the mechanism for the establishment of rules and procedure which determine the standard of behavior. Several modes of institutional enforcement structure exist in the field of competition law. Irrespective of how elegantly drafted a competition legislation may be or how grand the goals of a competition law system may appear, it is of no moment if there are no effective regulatory and enforcement mechanism in place, more so, an institution that is well designed with the requisite structures in place will ultimately discharge its duties effectively. This therefore implies that competition law institutions are an integral part of competition law and policy. This work examined the various institutional models of competition law, their advantages as well as their disadvantages. It further highlighted the position of the competition law terrain in Nigeria. It was recommended that The FCCPC and other sectoral regulators should operate with greater autonomy, free from political interference, through clear legal protections and that the process of appointment and dismissal of the heads of the agencies should be transparent and devoid of political undertones.