MDPPACPB Regulations

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SPECIFIC PROHIBITED ANTI-COMPETITIVE PRACTICES 
 
PART III: INFRASTRUCTURE ACCESS ABUSE AND FORECLOSURE  
 
10. Duty to Grant Open and Non-Discriminatory Access to Essential Facilities 
(1) Prohibition of Unjustified Refusal 
An operator or licensee controlling or operating an essential facility or strategic 
infrastructure — including petroleum pipelines, storage terminals, jetties, bulk 
loading facilities, or related midstream assets — shall not refuse, delay, or 
unreasonably hinder access to such facility by any competent third party, 
except on objectively justifiable technical, safety, or credit grounds approved 
by the Authority. 
 
(2) Access Entitlement Criteria 
Access shall be granted to any requesting party that — 
  (a) meets Authority-approved technical compatibility and operational 
safety requirements; 
  (b) demonstrates satisfactory financial and credit standing; 
  (c) requests access for legitimate commercial purposes; and 
  (d) seeks to utilise available capacity, or capacity that can reasonably be 
made available through operational adjustments or commercially reasonable 
expansion. 
 
(3) Principle of Non-Discriminatory Access 
All eligible users, including unaffiliated competitors, shall be offered equivalent 
services, terms, and quality standards as those applied to the operator’s own 
affiliates or internal divisions. 
 
(4) Prohibited Conduct 
Without prejudice to other provisions of these Regulations on access 
conditions, the following acts constitute a breach of this Regulation — 
  (a) artificial withholding, overbooking, or hoarding of capacity; 
  (b) imposing unjustified technical or procedural barriers to delay or prevent 
access; 
  (c) obstructing good-faith negotiations with eligible third parties. 
 
(5) Transparency and Records 
Operators shall maintain complete and auditable records of all access 
requests, approvals, refusals, and the reasons therefor, and shall submit 
periodic reports to the Authority in the prescribed form. 
 
(6) Regulatory Oversight and Sanctions 
The Authority may: 
 
(a) Investigate any alleged denial of access or discriminatory conduct; 
 
(b)Order immediate access, capacity sharing, or infrastructure 
expansion;