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NNPC Has Called Dangote A Monopolist In Court, Weeks Before The IPO

NNPC Has Called Dangote A Monopolist In Court, Weeks Before The IPO

Business

In a court filing, NNPC has accused Dangote Petroleum Refinery of trying to limit competition and expose Nigeria's fuel market to monopoly. The dispute is about import licences. The timing is about an IPO.

Strip away the language on both sides and this is an argument about a single question: who gets to supply petrol to Nigeria, and on what terms.

The dispute, as filed

Dangote has challenged import licences issued to competitors, seeking to have permits voided or restricted. NNPC's position, per its filing, is that granting that request would expose Africa's largest oil producer to supply disruptions, price instability and a risk to national energy security.

The refinery's counter-argument, made repeatedly in public over the past two years, is that issuing import licences while a 650,000 barrel-per-day domestic refinery is running below capacity is a policy choice that subsidises imported fuel at the expense of domestic refining.

Arise News on the monopoly claim.

Both sides have a real argument, which is why this is difficult

Take NNPC's case seriously first. A country that depends on one refinery for its transport fuel has a single point of failure. Refineries have maintenance shutdowns, they have unplanned outages, and a plant of that scale going offline for a fortnight with no import channel open would empty forecourts nationwide within days. Import licences are, among other things, insurance.

Now take Dangote's. An enormous private investment was made on the understanding that Nigeria would stop importing refined product it could make at home. If licensed importers can bring in fuel refined abroad, frequently from plants with lower costs and older environmental standards, the domestic refinery competes against a product it cannot match on price and the investment case erodes.

oil refinery pipes industrial
Photograph: Patrick Hendry via Unsplash

Both of those are true at once. The honest position is that Nigeria has a genuine policy trade-off between security of supply and building a domestic refining industry, and that it has never resolved it in public.

Nigeria has a genuine trade-off between security of supply and building a domestic refining industry, and it has never resolved it in public.

The word monopoly is doing political work

It is worth being precise, because the term is being used as an accusation rather than a description.

A monopoly is a single supplier. Dangote is not currently that: NNPC and licensed marketers also supply the market, which is exactly what the litigation is about. What Dangote is seeking is a market in which domestic refining is preferred over imports, which is a protectionist position rather than a monopolistic one.

The distinction matters because protection is a normal industrial policy that most industrialised countries used on the way up, while monopoly is a competition offence. Calling the first the second is rhetorically effective and analytically sloppy, and both sides are doing versions of it.

What this does to the listing

Here is where the timing gets uncomfortable.

The refinery is preparing for a public listing, reported as targeted for around September, and the dispute lands directly on the thing an investor most needs to model: what share of Nigerian fuel demand the plant can expect to serve, and at what margin.

An investor pricing the business has to make an assumption about the regulatory environment. If import licensing continues broadly as now, the refinery is one large supplier among several. If Dangote prevails, it is something much closer to the national supplier. Those two scenarios produce very different valuations, and the litigation means nobody can currently distinguish between them.

What a prospectus will have to say

Any listing document will need a risk section describing this dispute, the regulatory regime around import permits, and the concentration risk of a single asset serving a single national market under rules that are actively contested. None of that prevents a successful listing. All of it affects the price.

The regulator is the missing party

Notice who is not at the centre of this argument. The licences that are being fought over were issued by a regulator, and the question of whether Nigeria wants a protected domestic refining industry is a policy question for government, not a dispute to be resolved between two commercial parties in front of a judge.

That it is being litigated at all is a symptom. It means the policy was never settled explicitly, so the two largest players in the market are settling it by other means, and whichever way the court rules will become the industrial policy of Nigeria's downstream sector by default.

What it means at the pump

In the short run, very little. Prices have been moving on crude costs, the exchange rate and the competitive dynamic between the two suppliers, and that continues regardless of the filing.

In the longer run it matters a great deal. A market with a protected domestic refiner is likely to deliver more stable supply and less exposure to shipping and foreign exchange shocks, at the cost of the discipline that import competition provides. A market with open import licensing does the opposite.

Nigerians have spent three years being told that removing the fuel subsidy would let competition set the price. This case is about who gets to compete, and it will do more to determine the pump price over the next decade than any of the price adjustments that make headlines each month.

The history that makes this argument so loaded

Nigeria has four state-owned refineries. For most of the past two decades they produced almost nothing while consuming enormous sums in turnaround maintenance contracts, and the country exported crude and imported the refined product made from it.

That arrangement was indefensible on every measure and it persisted for years, because a great many people did well out of the import trade. Fuel importation in Nigeria was not merely a supply mechanism. It was an industry with its own beneficiaries, its own financing arrangements and its own relationship to the subsidy regime.

So when a private refinery of genuine scale finally arrives and starts arguing that import licences should be restricted, the argument does not land in a neutral policy environment. It lands in one where a lot of established interests would prefer imports to continue, and where the refinery knows that perfectly well.

What a settled policy would look like

Most countries that built a refining industry did it with an explicit, time-limited arrangement: domestic refiners get preference, in exchange for enforceable commitments on price, on supply reliability and on maintaining a strategic reserve, with the protection tapering on a published schedule.

That gives the refiner the certainty an investment of this size requires and gives the country protection against the obvious failure mode, which is a protected monopolist with no incentive to stay efficient.

Nigeria has never written that agreement down. Until somebody does, the question will keep being settled in court, one licence at a time, by whichever party has the better lawyers that year.

Reporting: Energy News, THISDAY, BusinessDay and Nairametrics on the NNPC filing and the refinery's listing preparations.

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