E.M.T.S. Limited v. MTN Communications Limited & Another: Boon or Bane to Enforcement of Competition Law in Nigeria’s Telecommunications Sector?

In February 2016, the Federal High Court made a seminal decision in Nigeria’s telecommunications industry. It struck out a suit filed by E.M.T.S. Limited (popularly known as Etisalat) against MTN over the latter’s acquisition of Visafone Communications Limited on the grounds that it lacked jurisdiction to entertain the suit. This comment argues that the decision of the court should not be construed as “a missed opportunity” to address the topical issue of anti-competitive conduct in the sector. Instead, it represents a progressive step towards recognising the significance of exploration and compliance with the internal statutory procedures before bringing anti-competitive claims in courts. This would not only enhance compliance with the law but also avail an opportunity for courts to intervene and determine anticompetitive conduct in the sector if the sector-specific regulator fails to do so.