MDPPACPB Regulations

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(a) Confidentiality of identity. 
(b) Non-retaliation assurance. 
(c) Leniency where appropriate, as provided in Part XVIII of these 
Regulations. 
 
82. Opportunity to Respond 
(1) Before issuing any final determination or enforcement order, the Authority 
shall notify the respondent(s) in writing with: 
(a) A Statement of Objections outlining the alleged infringements. 
(b) Key evidence relied upon. 
(c) A period within which to submit a defence or request a hearing. 
 
83. Interim Measures 
(1) Where necessary to prevent serious and irreparable harm to competition or 
consumers, the Authority may issue interim orders, including: 
(a) Cease and desist orders. 
(b) Temporary supply directives. 
(c) Suspension of restrictive agreements or exclusionary practices. 
(2) Interim measures shall remain in effect until: 
(a) Lifted by the Authority. 
(b) Replaced by final remedial orders. 
(c) The investigation is concluded. 
 
 
 
PART XV- DETERMINATION OF ANTI-COMPETITIVE CONDUCT AND ABUSE OF 
MARKET POWER 
 
84. Determination of Substantially Lessening of Competition 
(1) In determining whether any conduct or agreement has the purpose or 
effect of substantially lessening competition in any segment of the midstream 
or downstream petroleum industry, the Authority shall: 
(a) Define the relevant product market and the relevant geographic market; 
(b) Assess the level of market concentration and any changes therein resulting 
from the conduct; 
(c) Evaluate the height and nature of barriers to entry and expansion in the 
market; 
(d) Consider the extent of countervailing buyer power; 
(e) Analyse the degree and competitive implications of vertical integration by 
the concerned parties; 
(f) Assess any efficiencies or benefits claimed to result from the conduct, 
provided such efficiencies are verifiable, pro-competitive, and passed on to 
consumers; 
(g) Examine the likely impact on price, output, innovation, consumer choice, 
and product or service quality.