I. Introduction 1. Nigeria is an emerging competition enforcement jurisdiction and a developing economy with market conditions less advanced to those prevalent in sophisticated competition law jurisdictions. These market conditions, which are often signalled by the extent of national development, have made debates on the universality of competition law even more interesting. [1] Some scholars have argued that there should be a different type of competition law for emerging economies, [2] whilst other scholars have posited that there is not sufficient empirical evidence or analysis that justifies the need for distinct competition law per jurisdiction, and rather, there should instead be a move towards global convergence in competition law. This debate is still pending, and there is
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Nigeria: Competition law enforcement in developing economies - Are monopoly infringements caught by abuse of dominance provisions?
For emerging competition jurisdictions, the EU and the US competition systems represent advanced competition law regimes from which competition law ideas and concepts may be sourced. Nigeria, being an emerging competition jurisdiction, draws inspiration for a unilateral conduct regime on abuse of dominance from the EU but, however, still details provisions on “monopoly situations,” implying the regime under the EU for abuse of dominance is insufficient to deal with a situation of abuse from an outright monopoly situation. This article identifies, in the interest of knowledge and awareness, the limitations of the EU abuse of dominance regime under Nigerian competition law.
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