MDPPACPB Regulations

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(7) days of its issuance, submit a written application for review or 
variation, accompanied by supporting evidence. The Authority shall consider 
such application and issue a reasoned decision within ninety (90) days. 
 
41. Enforcement Measures in a finding of Abuse of Dominance:  
Where the Authority makes a finding of abuse after investigation, the Authority 
may: 
 
(a) Issue cease and desist orders; 
 
(b) Impose financial penalties in accordance with Part XVII of these 
Regulations; 
 
(c) Mandate structural or behavioural remedies, including divestitures or 
access obligations; 
 
(d) Refer the matter to the Federal Competition and Consumer 
Protection Commission or relevant prosecutorial authorities for further action. 
 
42.  
Guidance and Interpretation 
The Authority may issue guidelines or directives elaborating on the assessment 
of dominance, examples of abusive conduct, or methodologies for defining 
relevant markets and calculating market shares, consistent with the Federal 
Competition and Consumer Protection Act and international best practices. 
 
 
PART X — REGULATION OF VERTICALLY INTEGRATED OPERATIONS, AFFILIATE 
CONDUCT, AND INTRA-GROUP TRANSACTIONS 
 
43. Equal Treatment and Prevention of Discriminatory Conduct by Vertically 
Integrated Licensees 
 
1. General Non-Discrimination Obligation 
 (a) A vertically integrated licensee engaged in multiple levels of the 
petroleum value chain — including, but not limited to, refining, pipeline 
transportation, storage, and downstream marketing — shall conduct all 
commercial dealings in a non-discriminatory manner. 
(b) No licensee shall use information, strategic control, or operational privileges 
gained from one part of its operations to distort competition or disadvantage 
unaffiliated competitors in another part of the value chain. 
 
2. Equal Treatment of Affiliates and Third Parties 
(a)The licensee shall offer the same access conditions, tariffs, service quality, 
and scheduling priority to unaffiliated competitors as it does to its own affiliated 
entities. 
(b) No preferential treatment may be granted to an affiliated business unit that 
is not equally and transparently available to similarly situated third parties. 
(c) All dealings involving access to pipelines, jetties, storage terminals, bulk 
loading facilities, or any other midstream infrastructure shall be governed by 
the principles of open access, third-party access, and non-discrimination,