MDPPACPB Regulations

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(c) 
Submit to the Authority, upon request, a comparison of prices, 
terms, and conditions offered to affiliates and third parties for equivalent 
transactions. 
(6) Enforcement  
Where discriminatory pricing is established, the Authority may: 
 
(a) 
Declare such practices unlawful and void; 
 
(b) 
Order the cessation and rectification of the discriminatory 
conduct; 
 
(c) 
Require restitution of overcharges to affected third parties; 
 
(d) 
Impose administrative penalties and other enforcement measures 
under Part XVI and XVII of these Regulations; 
 
(e) 
Direct the licensee to implement remedial structural or 
behavioural measures, including tariff re-submission and affiliate firewalls. 
 
 
PART VII- ENTRY BARRIERS AND ANTI-COMPETITIVE MERGER TACTICS 
 
26. 
Prohibition 
of 
Regulatory 
Manipulation, 
Capture, 
and 
Bad-Faith 
Participation 
 
1. 
General Prohibition 
No licensee, market participant, industry association, or group of undertakings 
shall engage in any act, omission, or influence that exploits, manipulates, or 
improperly interferes with regulatory, licensing, standards-setting, or legislative 
processes with the intent or effect of hindering entry, delaying competition, 
protecting incumbent market power, or excluding rivals. 
 
2. 
Forms of Prohibited Conduct 
The following are expressly prohibited: 
(a) Abusing licensing or permit procedures to delay or obstruct applications, 
including frivolous objections or petitions; 
(b) Lobbying for or supporting restrictive technical rules, licensing criteria, or 
compliance obligations without objective public interest justification; 
(c) Filing vexatious litigation or complaints to stall entry or raise costs of 
competitors; 
(d) Misrepresenting or concealing material facts in regulatory submissions; 
(e) Offering, promising, or providing inducements to regulatory officials to 
secure favourable rules or decisions; 
 
3. 
Public Interest Standard 
Any rule, standard, or administrative measure lacking legitimate safety, 
environmental, or public interest rationale and having the effect of restricting 
market entry or creating artificial compliance barriers shall be deemed a 
violation. 
 
4. 
Enforcement 
Conduct under this Regulation may be deemed an abuse of dominance or 
concerted anti-competitive action. The Authority may impose penalties, 
corrective directives, nullify affected measures, or refer matters to the 
appropriate anti-corruption Institutions.