Court upholds MultiChoice’s autonomy, dismisses FCCPC’s suit on DStv pricing
BY TEMITOPE ADEBAYO
In a landmark judgment, the Federal High Court in Abuja has upheld the right of MultiChoice Nigeria Limited, operators of DStv and GOtv, to independently determine its subscription pricing, marking a significant victory for business autonomy and the principles of a free-market economy in Nigeria.
The case was dismissed by Justice James Omotosho. In his submission, Justice Omotosho addressed the merits of the dispute, holding that the FCCPC lacked the statutory authority to regulate or fix prices in the absence of presidential approval.
He clarified that under Section 88 of the Federal Competition and Consumer Protection Act, only the President can regulate prices in a regulated industry and for essential goods, not for services like those provided by MultiChoice, where consumers have choices.
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The judge emphasised that the FCCPC’s mandate is to investigate anti-competitive conduct, not to fix prices, and that any such regulatory intervention would require a clear directive from the presidency, which was not presented in this case. The court concluded that the FCCPC has no business querying how companies set their prices in a free-market economy.
Consumer advocacy groups have responded with a mix of relief and calls for continued vigilance, urging MultiChoice to ensure that future price adjustments remain fair and transparent. Economic analysts suggested that the ruling would boost investor confidence and set a clear precedent for other sectors facing similar regulatory challenges.
As the dust settles on this high-profile case, the judgment stands as a significant milestone in the ongoing evolution of Nigeria’s regulatory environment-balancing the need for consumer protection with the imperative of business autonomy and market-driven growth.
