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MDPPACPB Regulations
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66 (b) Provide any supplemental information reasonably required by the Authority for monitoring and investigation purposes, including internal price- setting policies, volume allocation methodologies, or third-party access arrangements; (c) Certify the authenticity of submitted data through responsible officers, and cooperate in any audit or verification exercise initiated by the Authority. (2) Failure to provide requested information or submission of false or misleading information shall constitute a violation of this Regulation and attract sanctions in accordance with Parts XVI and XVII of these Regulations. 72. Market Surveillance Focus Areas The Authority shall place particular surveillance attention on the following areas and behaviours: (1) Concentrated market segments where one or a few entities control substantial market share; (2) Entry barriers created by vertical integration, infrastructure control, licensing restrictions, or commercial practices; (3) Discriminatory access to infrastructure or manipulation of third-party access conditions; (4) Excessive pricing, predatory pricing, margin squeezes, and cross- subsidization; (5) Long-term exclusive contracts or bundling that deter market entry; (6) Coordinated conduct or parallel pricing patterns suggestive of collusion; (7) Any other behaviour that restricts fair competition or consumer welfare. 73. Market Reporting and Transparency (1) The Authority shall publish a Midstream and Downstream Market Monitoring Report, at least once every calendar year, summarising: (a) Market concentration indicators; (b) Price levels and pricing trends; (c) Level of market entry and exit; (d) Infrastructure access data; (e) Competition concerns and remedial actions taken; (f) Recommendations for policy or structural reforms. (2) Reports shall be made publicly available, except where the disclosure of specific information may compromise commercial confidentiality or ongoing investigations. 74. Enforcement Support Function Market monitoring reports, sector studies, or data submissions under this Regulation may serve as grounds for: (1) Commencing an investigation into anti-competitive conduct under Part XIV; (2) Requiring behavioural or structural remedies under Part XVI; (3) Modifying licence conditions or access mandates under Regulation 91.
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