MDPPACPB Regulations

Page 32 of 127
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(c) 
Notify the Authority without delay of any material change in 
facility status or supply that could impact market stability; 
 
(d) 
Cooperate with compliance inspections and data verification 
audits by the Authority or its appointed agents. 
(e) verify accuracy, cite official sources before making public supply or 
price statements and notify the Authority where material impact is possible. 
 
 
6. 
Enforcement and Penalties 
If the Authority finds that a licensee has violated this Regulation: 
 
(a) 
The conduct shall be deemed a market manipulation offence 
under these Regulations; 
 
(b) 
The licensee may be subject to administrative fines, suspension of 
rights, or revocation of license as provided under Part XVII of these Regulations; 
 
(c) 
The Authority may order corrective disclosures, initiate market 
remedies, or impose behavioural conditions to prevent recurrence; 
 
(d) 
Affected market participants may also seek regulatory redress 
where quantifiable harm is demonstrated. 
 
 
28. Prohibition of Exclusionary Conduct and Foreclosure 
 
1. 
General Prohibition 
No licensee or permit holder with a dominant position or significant market 
power in any segment of the midstream or downstream petroleum industry 
shall engage in conduct which has the object or effect of excluding, 
foreclosing, or unfairly limiting market participation by competitors. 
 
2. 
Prohibited Practices 
Includes, but is not limited to: 
(a) Exclusive or long-term arrangements that substantially foreclose market 
access; 
(b)    Unjustified denial or withholding of access to crude oil or condensate 
feedstock required for processing by modular refineries or small-scale 
processing 
facilities 
without 
demonstrable 
proportionate 
commercial 
justification reasons such as: (a) it is necessary to mitigate demonstrable 
operational, safety, or integrity risks; (b) it is applied non-discriminatorily and 
transparently to similarly situated parties; (c) it reflects reasonable, 
proportionate 
commercial 
considerations 
(creditworthiness, 
technical 
capacity, performance history); and (d) it does not exclude competitors more 
than is proportionate to the justification. 
(c) Predatory oversupply or dumping of products or services at a scale or in a 
manner that has the effect of artificially depressing prices, creating oversupply 
conditions and eliminate competitors. 
 
3. 
Dominance Assessment 
(a) The Authority will consider any strategic behaviour that has no purpose 
other than to entrench incumbency as anticompetitive conduct and a 
potential violation of the Act and these Regulations as it may be intended to 
keep out new entrants.