A REVIEW OF THE REMEDY OF DISSENTING MEMBERS IN MERGER AND ACQUISITION UNDER THE FEDERAL COMPETITION AND CONSUMER PROTECTION ACT, 2019

Abstract

Abstract

Mergers and acquisition, have become one of the most preferred routes among several external methods of achieving business growth in a company. Mergers and acquisitions have become a prominent feature of corporate restructuring in Nigeria’s evolving commercial landscape. While such transactions are often undertaken to promote efficiency, competitiveness, and economic growth, they may significantly affect the rights and interests of minority shareholders who dissent from the proposed arrangements. The Federal Competition and Consumer Protection Act 2019 (FCCPA) introduced a comprehensive regulatory framework governing mergers, acquisitions, and business combinations in Nigeria, including provisions designed to protect dissenting members. This paper undertakes a critical review of the remedies available to dissenting members under the FCCPA 2019. It critically examines the nature of Merger and Acquisition in Nigeria and as well as the Remedy of Dissenting Members under Federal Competition and Consumer Protection Act, 2019. The article further identifies the Challenges of Dissenting Members in Merger and Acquisition Under Federal Competition and Consumer Protection Act, 2019 and offers suggestions aimed at strengthening minority shareholder protection within Nigeria’s merger and acquisition regime.

Keywords: Merger and  Acquisition, Dissenting Members, Federal Competition and Consumer Protection, Remedy of Dissenting Members