MDPPACPB Regulations

Page 56 of 127
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(4) 
The Authority shall coordinate with the Federal Competition and 
Consumer Protection Commission, share non-confidential information, and 
align timelines and remedies where possible. The stricter decision shall prevail. 
In accordance with the provisions of the Federal Competition and Consumer 
Protection Act, any merger, acquisition, or significant joint venture that meets 
the thresholds for mandatory notification shall be notified to the Federal 
Competition and Consumer Protection Commission. For transactions within the 
midstream and downstream petroleum sector, the notifying parties shall also 
notify the Authority in accordance with the provision of Section 212(3) of the 
Act and these Regulation. 
(5) Coordination and Information Sharing 
The Authority shall cooperate and coordinate with the Federal Competition 
and Consumer Protection Commission in the assessment of notifiable mergers, 
acquisitions, and joint ventures in the petroleum sector. Such coordination may 
include: 
 
(a) 
Joint reviews or parallel assessments of the proposed transaction; 
 
(b) 
Exchange of non-confidential or lawfully shareable information 
and market data; 
 
(c) 
Alignment of timelines, decision criteria, and remedies where 
feasible; 
 
(d) 
Participation in joint hearings, consultations, or stakeholder 
engagements. 
(6) Consistency and Prevailing Decision 
Where both the Authority and the Federal Competition and Consumer 
Protection Commission issue decisions on the same transaction, the stricter 
outcome—whether in the form of conditions, prohibitions, or remedial 
requirements—shall generally prevail, in recognition of the sensitive and 
strategic nature of the petroleum sector and the need to uphold both 
competition and sector-specific regulatory objectives. 
(7) Compliance Obligations of the Parties 
Notifying parties must ensure full compliance with the requirements of both the 
Authority and the Federal Competition and Consumer Protection Commission, 
including the submission of complete information, adherence to timelines, and 
observance of any imposed remedies or conditions. No transaction shall be 
implemented unless and until clearance or approval has been granted by 
both regulators (the Authority and Federal Competition and Consumer 
Protection Commission). 
(8) Supplementary Protocols 
The Authority may issue additional guidelines or enter into Memoranda of 
Understanding (MoUs) with the Federal Competition and Consumer Protection 
Commission to formalize procedures for coordinated review, dispute 
resolution, and confidentiality safeguards during inter-agency collaboration. 
 
52. Interim Measures and Hold-Separate Orders 
(1) The Power of the Authority to Impose Interim Measures 
While a merger, acquisition, or takeover transaction is under review and prior 
to the issuance of a final decision by the Authority, the Authority may, where