Tribunal Backs FCCPC’s $220mn Ruling Against Meta, WhatsApp

By Oluwakemi Kindness

The Competition and Consumer Protection Tribunal has upheld a $220m fine imposed on Meta Platforms Incorporated, the parent company of Facebook and WhatsApp LLC, by the Federal Competition and Consumer Protection Commission (FCCPC).

The Tribunal affirmed the Commission’s authority, saying it complied with prevailing laws, discharged its mandate, and exercised its powers within the confines of the 1999 Constitution (as amended).

It ruled that the multiple actions by WhatsApp and Meta, for which the Commission made findings of violations, were correctly identified, and that the Commission did not err in making those findings.

A statement on Friday by the Director, Corporate Affairs, FCCPC, Ondaje Ijagwu, says Hon. Thomas Okosun, led a three-member panel that delivered judgment in the appeal filed by Meta Platforms.

The statement adds that in addition to upholding the major aspects of the FCCPC’s Final Order, the Tribunal awarded the sum of $220 million against Meta Platforms Incorporated and WhatsApp LLC as an administrative penalty.

The court also awarded $35,000 to the FCCPC as cost of investigation.

WhatsApp and Meta’s legal team was led by Professor Gbolahan Elias (SAN) while the FCCPC’s legal team was led by Babatunde Irukera.

Both teams had made their final arguments on behalf of their respective clients on January 28, 2025.

The case stemmed from a 38-month joint probe launched in 2020 by the FCCPC and the Nigeria Data Protection Commission (NDPC), focusing on the companies’ privacy practices, data policies, and overall conduct.

The FCCPC had on July 19, 2024 issued a Final Order imposing a $220 million administrative penalty after concluding that the companies engaged in discriminatory and exploitative practices against Nigerian consumers.

But dissatisfied with the Order last year Meta and WhatsApp appealed to the Tribunal, challenging both the legal basis and the findings of the Commission.