MDPPACPB Regulations

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(b) 
The extent of vertical integration and whether the transaction may 
enable the merged entity to foreclose competitors’ access to critical inputs, 
infrastructure, or customers; 
 
(c) 
Whether the transaction eliminates an actual or potential 
competitor, especially in nascent or developing segments; 
 
(d) 
The possibility of coordinated behaviour or collective dominance 
arising post-merger; 
 
(e) 
The barriers to entry and expansion that may be reinforced by the 
transaction; 
 
(f) 
The impact on consumer prices, product availability, service 
quality, and technological innovation; 
 
(g) 
The extent to which efficiencies or public interest benefits are 
substantiated and passed through to consumers; 
 
(h) 
The acquisition or strengthening of control over an essential facility 
or bottleneck infrastructure. 
 
(3) For the purposes of assessing any merger under these Regulation, the 
provisions relating to merger assessment set forth in the Federal Competition 
and Consumer Protection Act Merger Review Regulations, 2020] ("Merger 
Review Regulations 2020") shall apply, with necessary modifications for 
petroleum sector considerations, as if set out fully in these Regulations. All 
definitions, criteria, procedures, and standards established in Part V of the 
Merger Review Regulations 2020 shall be deemed to form part of these 
Regulations for the purpose of evaluating mergers, unless expressly provided 
otherwise herein. 
(a) Supplementary Application: 
 Where specific sectoral considerations apply to mergers in the midstream and 
downstream petroleum industry—such as access to critical infrastructure, 
public interest grounds, or potential foreclosure of market access—the 
Authority may issue additional sector-specific guidelines or apply enhanced 
assessment criteria consistent with the objectives of this Regulation. 
(b) Harmonisation and Consistency:  
In the event of any conflict between the provisions of the Merger Review 
Regulations 2020 and the provisions of these Regulation, the Authority shall 
interpret both instruments in a manner that harmonises their application, 
provided that where irreconcilable, the provisions of the Act and this 
Regulation shall prevail in respect of petroleum sector-specific matters. 
(c) Modifications:   
Any amendments to the Merger Review Regulations 2020 after the issuance of 
these Regulation shall automatically form part of this incorporation, unless 
expressly excluded by subsequent Regulations.  
(d) Effect and Enforceability:  
All assessments, determinations, and remedies imposed by the Authority in 
merger cases under these Regulation shall have the same legal effect and 
enforceability as if conducted directly under the Merger Review Regulations 
2020, and shall be binding on the merging parties, their affiliates, and 
successors.