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MDPPACPB Regulations
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37 (b) It is prohibited to recommend or induce any person to engage in petroleum commodity trading based on Inside Information. 4. Compliance and Reporting Obligations (a) All Licensees and Market Participants shall implement internal compliance policies to: (i) Detect and prevent insider trading and misuse of Inside Information; (ii) Ensure timely public disclosure of any inside and material information. (b) Market Participants must report any suspected or actual insider trading violations to the Authority within two (2) business days of discovery. 32. Prohibition of Anticompetitive Abuse of Dominant Digital Platforms 1. Obligation of Fair Platform Conduct A licensee operating a digital platform essential to petroleum market and that is widely relied upon by market participants or consumers—such as fuel procurement marketplaces, consumer payment applications, digital loyalty schemes, or fleet and logistics management systems shall not abuse such control to distort or restrict competition in any midstream or downstream petroleum market. (2) Definition of Platform Control For the purposes of this Regulation, a licensee shall be deemed to exercise platform control if the digital infrastructure in question: (a) is indispensable for competitive participation in the relevant market segment; (b) has no practical alternative due to scale, network effects, or regulatory integration; or (c) is used by a significant proportion of consumers or counterparties to transact or make decisions. (3) Prohibited Conduct: A licensee in control of such a digital platform shall not without objectively justifiable technical or legal reasons engage in any of the following practices: (a) Exclude or de-list independent or competing operators from the platform; (b) Impose discriminatory terms or conditions that favour its own operations or affiliates; (c) Delay or degrade interoperability or data visibility for competitors; (d) Tie or bundle the use of the platform with mandatory use of the licensee’s other services; (e) Manipulate consumer-facing features (such as search rankings, pricing visibility, or service ratings) to suppress or disadvantage rival offerings. (4) Presumption of Competitive Harm: Where a licensee’s digital platform is shown to function as a gatekeeper or essential facility, any exclusionary conduct as described above shall give rise to a rebuttable presumption of anticompetitive harm. (5) Regulatory Oversight The Authority shall:
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