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GUIDELINES FOR SALES PROMOTION REGISTRATION / MONITORING

‘Sales promotion’ means a marketing strategy, tool or devise, that involves presenting a range of direct or indirect benefits in exchange for exercising a choice or decision and or making a purchase of a service, goods or other products to the exclusion or in preference to another while the promotion subsists or any other relevant period within which it is reasonable to conclude that the decision made the consumer/decision maker or purchaser was or could have been motivated by the presentation.

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Civil Society / Consumer Protection Alliances

As a matter of operation of law, consumer protection is a vital and joint responsibility on many levels. Because it is a crucial centre-piece of business, and a primary and critical role of government, it is not uncommon that there is dual, or multiple regulation and regulators. This duplication or multiplicity is not a conflict, nor is it unintended. On the contrary, it is an overlap. Regulatory overlap is a deliberate and common design to ensure complete coverage and protection which is paramount in consumer protection.

As such, by law, several sector regulators also have statutory responsibilities to protect consumers in their sectors. Although the Federal Competition and Consumer Protection Commission (FCCPC) has overall oversight over protecting consumers across all sectors, the concurrent regulatory jurisdiction and approach in the laws seeks to improve protection outcomes by fostering collaboration.

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FCCPA 2018

The Federal Competition and Consumer Protection Act, 2018 ("FCCPA") is the main statute governing consumer protection and competition regulation in Nigeria. The FCCPA established the Federal Competition and Consumer Protection Commission (“FCCPC”) and the Competition and Consumer Protection Tribunal ("CCPT") for the development and promotion of fair, efficient and competitive markets in the Nigerian economy to facilitate access by all citizens to safe products and secure the protection of rights for all consumers in Nigeria; and for related matters.

regulations

The FCCPA empowers the Commission to make Regulations and issue Guidelines and Notices for the effective implementation and operation of the Act. To this end, the Commission has published the following regulations and guidelines, which provide a regulatory framework on different aspects of competition and consumer protection. These include regulations and guidelines for the notification and review of mergers; administration and imposition of administrative penalties, and other relevant matters.

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