Competition Law

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Our team of lawyers possesses extensive experience and expertise in all aspects of competition law, having represented and advised a diverse range of clients across various industries since the enactment of the Federal Competition and Consumer Protection Act 2018 (FCCPA) in 2019. We are well-versed in all provisions of the FCCPA and its subsidiary legislation, as well as in the regulatory practices of the Federal Competition and Consumer Protection Commission (FCCPC) and other sectoral regulators with competition oversight mandates.​ 

Our lawyers are adept at handling a wide array of competition law matters, including anti-competitive or restrictive agreements, abuse of dominant positions, and merger notifications for regulatory approvals. We possess a profound understanding of the factors involved in the substantive assessment of mergers under the FCCPA, which enables us to secure successful outcomes for our clients. Our exceptional track record includes consistently obtaining FCCPC approvals for all proposed mergers we have notified on behalf of our clients.​ 

Highlights of our experience include:

Testimonial 7

We represented the merging parties in notifying the FCCPC of Seplat Petroleum Development Company Plc’s acquisition of a 100%equity stake in Eland Oil and Gas Plc. The FCCPC subsequently cleared the transaction. 

Testimonial 7

Successfully filed a merger notification to the FCCPC in respect of the acquisition by the Saudi Agricultural and Livestock Investment Company (SALIC), a fully owned subsidiary of the Public Investment Fund of Saudi Arabia (PIF), of an indirect stake of approximately35.43% in Olam Agri Holdings Pte. Ltd. (Olam Agri, together with its controlled affiliates, the Target Undertaking) from Olam Holdings Pte. Ltd. (Olam Holdings), a wholly owned subsidiary of Olam Group Limited (Olam Group). The consideration payable pursuant to the transaction is approximately US$ 1,240,000,000, subject to certain adjustments in accordance with the Share Purchase Agreement. 

Testimonial 7

Successfully filed a merger notification to the FCCPC in respect of the global acquisition of an EduTech company with a Nigerian subsidiary. The transaction implemented by an agreement and plan of merger is valued at US$450,000,000.00. 

Testimonial 7

Successfully filed an application for negative clearance to the FCCPC in respect of the foreclosure sale of four (4) drilling rigs by a financial institution to our client. The transaction is valued at US$36,000,000.00. In notifying this transaction, we successfully argued before the FCCPC that this foreclosure sale did not meet the jurisdictional threshold required for notifying a proposed merger. 

Testimonial 7

Successfully filed a merger notification to the FCCPC in respect of the acquisition of forty percent (40%) participating interest held by an international oil company in two OMLs. The transaction implemented by a sale and purchase agreement is valued atUS$250,000,000.00.

Testimonial 7

Advised a licensed satellite telecommunications services provider on how both the FCCPC and the Nigerian Communications Commission (NCC), the telecommunications sector regulator conduct a substantive assessment of merger for competition law purposes. 

Testimonial 7

Advised an oil and gas industry group on the anti-competitive effect or otherwise of a technical standard proposed to be adopted.​

Testimonial 7

Our firm successfully negotiated a consent order with the FCCPC on behalf of an industry association. This order entails monitoring commitments following an FCCPC investigation, which established that the association had engaged in price-fixing practices in violation of the FCCPA.​ 

Testimonial 7

We were instructed to notify the FCCPC of the acquisition by Star Deep Water Petroleum Limited of a 40% participating interest in Oil Prospecting License (OPL) 215 (the asset), which was wholly owned by NorEast Petroleum Nigeria Limited (NorEast). The transaction received clearance from the FCCPC.​ 

Testimonial 7

We were instructed to notify both the FCCPC and the Nigerian Civil Aviation Authority (NCAA) of a foreign-to-foreign transaction involving the proposed indirect acquisition of control by Aurelius Investment Lux One S.àr.l. (Master LuxCo or the Acquiring Undertaking), a company incorporated under the laws of Luxembourg, of the “non-European” business segment of the LSG Group of Companies (the LSG Group or the Target Undertaking) from Deutsche Lufthansa AG (Lufthansa), including certain of its controlled affiliates (the Proposed Transaction). The transaction received clearance from both the FCCPC and the NCAA.​ 

Testimonial 7

We rendered a legal opinion and other advisory services to a potential investor on substantive competition law matters concerning its intention to acquire a firm operating in the alcoholic beverages industry in Nigeria.

Testimonial 7

We represented a client in notifying the FCCPC of its acquisition of a 49.33% stake the target undertaking. The transaction received approval from the FCCPC, and a negative clearance was obtained.​ 

Testimonial 7

Notification of a proposed merger to the FCCPC in respect of the 100% acquisition of the entire shareholding of the holder of several Oil Mining Leases (OMLs). The transaction implemented by a sale and purchase agreement is valued at US$1,283,000,000), plus up toUS$300,000,000.00 contingent consideration in the form of cash. ​ 

 

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info@sskohn.com

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