In what may be a significant victory for business autonomy and the principles of a free-market economy in the country, the Federal High Court in Abuja has upheld the right of MultiChoice Nigeria Limited, operators of DStv and GOtv, to independently determine its subscription pricing.
Ruling in the case brought by the Federal Competition and Consumer Protection Commission (FCCPC) after MultiChoice announced a hike in subscription fee dismissed by Justice James Omotosho addressed the merits of the dispute.
The court found that Nigerians are not subject to predatory or unfair pricing by MultiChoice, as consumers have alternative choices in the pay-TV market, stressing that MultiChoice’s pricing practices do not amount to abuse of dominance or unfair practices under the Act.
The FCCPC, he said, lacked the statutory authority to regulate or fix prices in the absence of presidential approval, noting that under Section 88 of the Federal Competition and Consumer Protection Act, only the President can regulate prices in a regulated industry and for essential goods, not for services like those provided by MultiChoice where consumers have choices.
Justice Omotosho emphasised that the FCCPC’s mandate is to investigate anti-competitive conduct, not to fix prices, and that any such regulatory intervention would require a clear directive from the presidency, which was not presented in this case.
The court concluded that the FCCPC has no business querying how companies set their prices in a free-market economy.
Consumer advocacy groups have responded with a mix of relief and calls for continued vigilance, urging MultiChoice to ensure that future price adjustments remain fair and transparent.
Economic analysts suggested that the ruling would boost investor confidence and set a clear precedent for other sectors facing similar regulatory challenges.