The Federal High Court in Abuja has ruled on the legal battle between MultiChoice Nigeria, the operator of DStv and GOtv, and the Federal Competition and Consumer Protection Commission (FCCPC) over recent subscription price adjustments.

In a judgment delivered on Thursday, May 8, Justice James Kolawole Omotoso dismissed MultiChoice’s lawsuit challenging the FCCPC’s regulatory intervention, citing abuse of court process. The court noted that similar proceedings were already ongoing in another court, advising MultiChoice to address its grievances within existing legal frameworks rather than initiating a separate suit.

Justice Omotoso clarified that while the FCCPC possesses broad investigative powers under its mandate, including the authority to scrutinise anti-competitive practices and protect consumer interests, it lacks the statutory mandate to fix or suspend prices without explicit presidential delegation. The court also spoke on free-market principles, noting that it is the service providers’ prerogative to determine their pricing structures, with consumers retaining the freedom to accept or reject these prices, NewsTelegraph reports.The judgment further criticised the FCCPC’s directive to suspend MultiChoice’s price adjustment, labelling it an infringement on the company’s right to a fair hearing and a form of selective regulatory enforcement.

Justice Omotoso dismissed claims of MultiChoice’s dominant market position as unsubstantiated, asserting that the services it provides are discretionary rather than essential.

While affirming the FCCPC’s authority to investigate anti-competitive practices and consumer protection violations, Justice Omotoso emphasised that regulatory actions must strictly adhere to legal provisions and refrain from imposing pricing directives without proper legal authorisation.

Culled LegitNews