“Our Client” on whose firm instructions we make the following representation.”
The firm in a petition addressed to the Director-General of FCCP dated 19th May 2020, signed by Festus Onifade, implored the Commission to be persuaded by the provision of Section 88 of FCCP ACT 2018 to prevail on the Multichoice Nigeria limited owners of DStv and GOtv satellite cable to suspend its planned price increment as it would amount to anti-competitive act, arbitrariness and against the welfare of the Consumers.
The petition reads in part: “We are solicitors to Coalition of Nigeria Consumers on whose firm instructions we make the following representation” “You will recall that Multichoice Nigeria Limited had recently announced that it will be increasing its rates for DStv and GOtv Subscribers from 1st June 2020, citing the increase in VAT rate as the reason for this imminent price increment”
“Our Client and many other concerned Nigerians are particularly worried at the insensitive nature of Multichoice Nigeria Limited who despite the global economic downturn and the prevailing CORONA VIRUS crisis seem impervious to the sensitivity of its customers” “Worst still is that with a monthly premium subscription rate of about N16, 000 Our Client and Nigeria Consumers are greatly surcharged. This is because, with an average of 720 hours per month, an average view is about 6 hours per day. If usage is converted to an hourly basis this same amount will give a consumer four months value. Hence, we advocate ‘Pay as you use”
“For the avoidance of doubt we reproduce the said provision in part; the abuse of a dominant position is prohibited under Section 72 of the FCCP Act such abuse occurs when an undertaking in a dominant position: Refuses to give a competitor access to an essential facility when it is economically feasible to do so;
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