MDPPACPB Regulations

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shall constitute a rebuttable presumption of tacit collusion, subject to 
investigation under this Regulation. 
(5) Obligations on Shared or Outsourced Systems 
Licensees relying on third-party software vendors or shared algorithmic 
platforms must ensure: 
(a) That such tools are not designed to coordinate pricing or optimize 
collective market behaviour; 
(b) That contractual terms include warranties of compliance with the Act, 
Federal Competition and Consumer Protection Act, and this Regulation; and 
(c) That data inputs and outputs do not create real-time transparency or 
signalling that enables collusive behaviour. 
(6) Monitoring and Audit Powers:  
The Authority may: 
(a) Require submission of algorithmic pricing methodologies, decision rules, 
and change logs for review; 
(b) Conduct audits of AI pricing systems to detect coordination risks; 
(c) Direct licensees to modify or suspend use of any pricing tool found to have 
anticompetitive effects. 
(7) Penalties and Remedial Measures: A violation of this Regulation shall attract 
the following regulatory measures: 
(a) Administrative fines as stipulated in Part XVII of these Regulations; 
(b) Mandatory reprogramming or suspension of the algorithmic system; 
(c) Public disclosure and notification obligations where harm to market 
competition is proven. 
 
34.  Prohibition on Misuse of Competitively Sensitive Information 
(1) Obligation of Confidentiality and Fair Use 
 Any licensee, particularly those in a dominant or vertically integrated position, 
who obtains access to competitively sensitive information of actual or 
potential rivals including through joint ventures, shared infrastructure, supply 
relationships, or industry coordination mechanisms—shall not misuse such 
information to distort, restrict, or unduly influence competition in any petroleum 
market. 
(2) Definition of Competitively Sensitive Information 
 For purposes of this Regulation, competitively sensitive information includes 
but is not limited to: 
(a) Non-public data on rivals’ shipping schedules, product volumes, or 
infrastructure access requests; 
(b) Market expansion strategies, pricing intentions, or investment plans 
obtained through contractual, operational, or regulatory interfaces; 
(c) Technical, commercial, or customer data disclosed under confidentiality 
obligations or joint market operations. 
(3) Prohibited Conduct 
 The following actions shall constitute a violation of this Regulation where based 
on misuse of sensitive information: 
(a) Pre-emptive or retaliatory market actions by affiliated business units based 
on non-public rival data;