Business

BREAKING: FG to fine PoS operators N1m for illegal pricing

The Federal Government, through the Federal Competition and Consumer Protection Commission, has issued a cease-and-desist order to Point of Sale operators from conduct that constitutes an infringement of the law.

 

This follows the move by PoS operators, under the umbrella of the Association of Mobile Money and Bank Agents in Nigeria, to fix new prices for PoS transactions.

 

The new pricing model began on July 17, 2023.

 

According to the commission, PoS operators that are found in violation of the order will pay N10m for corporate entities and N1m and, or, a prison sentence of up to three months for individuals.

 

 

The FCCPC, in a statement signed by its Executive Vice Chairman/ Chief Executive Officer, Babatunde Irukera, on Monday, said, “The Commission advises PoS operators that violation of an order of the Commission attracts additional consequences apart from the underlying illegal conduct that is the subject of the order such as up to N10,000,000 for corporate entities; and N1,000,000 and or a prison sentence of up to three months for individuals.”

 

The commission noted that it has not sought to limit the prerogative of PoS service providers to determine and set prices for services in a manner of their choosing, subject to Section 127 of the Federal Competition and Consumer Protection Act 2018, which prohibits manifestly unjust or exploitative prices.

 

It stated that it respects and encourages a pricing methodology that is the product of market forces in a free, competitive, and undistorted market. However, it said there is no evidence that the PoS market lacks sufficient players or competition in Lagos or anywhere else.

 

The commission said, “While the Commission continues to provide consideration to, and for small businesses, enforcing the law must remain non-negotiable.

 

“Accordingly, the Commission, in escalating this in accordance with the FCCPA and ancillary instruments, has entered an Order & Notice (ONC) of the Commission to AMMBAN, persons identified as executives, members, and non-member PoS operators to Cease and Desist from conduct that constitutes an infringement of the law.”

 

It said the ONC had been served on AMMBAN. It was also noted that not all members can be personally served or will become aware through service on AMMBAN.

 

It further stated, “In addition, some persons, such as non-AMMBAN members, may become subject to the ONC. Accordingly, the Commission has, and is by this again publicly disseminating the ONC. Members are however invited to consider sufficiency of service of the ONC under Section 158(4) of the FCCPA which deems such service on their association or executives as adequate and acceptable.”

 

According to the commission, it had tried the cautious and collaborative approach but has now adopted the ONC to convey its will to enforce the law, including, and up to prosecuting violators and affiliates who may otherwise be statutorily liable for the conduct of a violating company or business.

 

It added, “In addition to stipulated statutory consequences, although the Commission prefers not to disrupt the business and operations of small enterprises, it will (if it becomes necessary) prohibit merchant services and privileges to PoS operators or AMMBAN members who persist in conduct that is inconsistent with law and economic efficiency.”

 

 

Akanji Philip

Akanji Philip has been working as a reporter with VOICE AIR MEDIA, both onsite at the head office in Odi-Olowo, Osogbo, and remotely since 2021. He has covered events at notable political venues, involving prominent figures such as former Osun Governor Adegboyega Oyetola, current Osun State Governor Senator Isiaka Adetunji Adeleke, former Vice President Professor Yemi Osinbajo, the late Ondo Governor Rotimi Akeredolu, Oyo State Governor Seyi Makinde, and various other representatives and lawmakers. In addition, he has represented the company at various press conferences at police stations and has reported on occasions featuring entertainers and actors, such as Kola Oyewo during Oba-Ile Day in Osun State, among others. 📞 +2349058501092, +2348137827714 ✉️ akanjiphilips100@gmail.com

Recent Posts

Power Minister Adelabu Resigns, gives reason

News Update THE Minister of Power, Adebayo Adelabu, has announced his resignation from office to…

47 minutes ago

Senate authorises Tinubu’s $6bn loan

The Nigerian Senate has approved the request of President Bola Tinubu to go for external…

2 hours ago

Ifedayo LG Chairman Flags Off Roads Grading, Residents Laud Tinubu Over LG Autonomy

THE leadership of Ifedayo Local Government Area of Osun State on Tuesday commenced massive roads…

3 hours ago

Eight Kano Reps dump party, join APC

News Update Eight members of the House of Representatives from Kano State on Tuesday announced…

4 hours ago

Tinubu seeks Approval to borrow $5 Billion

News Update President Bola Tinubu has requested the Senate’s approval to secure external loans totalling…

6 hours ago

Ex- NPC Commissioner Ayodeji Ajayi Congratulates New NPC Ekiti Nominee, Hon. Kolawole Alabi

Hon. Ayodeji Ajayi the immediate past Federal Commissioner of the National Population Commission (NPC) representing…

9 hours ago