MDPPACPB Regulations

Page 71 of 127
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87. Determination of Abuse of Dominant Position 
(1) The Authority shall determine whether an undertaking holds a dominant 
position in a relevant market by examining: 
(a) Market share, longevity, and control over essential facilities or inputs; 
(b) Ability to act independently of competitors, customers, or consumers; 
(c) Barriers to entry and expansion faced by other undertakings. 
(2) Where dominance is established, abuse shall be deemed to occur if the 
undertaking: 
(a) Directly or indirectly imposes unfair pricing or other exploitative terms; 
(b) Limits production, innovation, or market access to the detriment of 
consumers; 
(c) Applies discriminatory terms without objective justification; 
(d) Imposes tying or supplementary obligations unrelated to the 
contract’s main subject matter; 
(e) Engages in predatory pricing or exclusionary discount schemes; 
(f) Refuses to deal, license, or grant access without legitimate business 
reasons. 
 
88. Consideration of Competition in Licensing and Price Regulation Decisions 
(1) The Authority shall consider the potential impact on competition and the 
risk of abuse of market power or competition-related factors in evaluating and 
approving: 
(a) 
Licence applications, renewals, amendments, and transfers; 
(b) 
Conditions attached to midstream and downstream petroleum 
licences. 
(2) Where a proposed licence, term, or conduct raises competition concerns, 
the Authority may: 
(a) 
Impose behavioural or structural conditions to prevent or mitigate 
anti-competitive effects; 
(b) 
Deny the licence or approval if the conduct is likely to significantly 
lessen competition. 
(3) Where the Authority regulates prices for services in competitive markets 
deemed insufficiently competitive, it shall: 
(a) Ensure the regulated price replicates a competitive market 
outcome; 
(b) Prevent the abuse of market power; 
(c) Promote efficiency, innovation, investment, and consumer 
protection. 
 
For avoidance of doubt, the provisions of these Regulation shall apply mutatis 
mutandis to the determination of violations under Section 211, 212, 230, and 
317(6),(8), (9) and(10) of the Act, 2021, and any relevant provision of the 
Federal Competition and Consumer Protection Act, 2018, where applicable.