MDPPACPB Regulations

Page 72 of 127
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PART XVI- ENFORCEMENT AND REMEDIAL ACTIONS REGARDING ANTI-
COMPETITIVE BEHAVIOUR 
 
89. Issuance of Cease and Desist Orders 
(1) Where the Authority, following an investigation, determines that a licensee, 
operator, or any other person has engaged, is engaging, or is likely to engage 
in conduct that violates the provisions of this Regulation, the Act, or applicable 
competition laws, it may issue a written Cease and Desist Order requiring the 
immediate cessation of the offending conduct. 
(2) The Authority shall, prior to issuing a final Cease and Desist Order: 
 (a) Serve a Notice of Intention to issue the order, specifying the alleged 
conduct, preliminary findings, and proposed terms of the order; 
 (b) Provide the respondent with a reasonable opportunity to make written or 
oral representations, not less than 14 working days from the date of the notice. 
(3) The Authority may issue an interim Cease and Desist Order without prior 
notice where it considers it necessary to prevent serious and irreparable harm 
to competition, market access, or consumers. The respondent shall be granted 
a right to be heard within 10 working days of such order. 
 
90. Content and Nature of Cease and Desist Orders 
(1) All Cease and Desist Orders shall: 
 (a) Be in writing and specify the conduct to be ceased, the reasons for the 
order, and any deadlines for compliance; 
 (b) Be enforceable immediately upon issuance or as stated therein; 
    (c) State whether it is interim or final in nature. 
 (d) Remain binding until expressly revoked, amended, or superseded by the 
Authority or a court of competent jurisdiction. 
 
91. Remedial Actions and Corrective Measures 
In addition to or instead of a Cease and Desist Order, the Authority may impose 
any of the following remedial measures, as necessary to restore or preserve 
competitive conditions: 
(a) Contractual Modifications: Require a party to remove or amend 
exclusionary terms (such as tying arrangements, exclusivity clauses, or unfair 
pricing provisions); 
(b) Access Orders: Direct a facility operator or infrastructure owner to provide 
access to third parties on fair, reasonable, and non-discriminatory (FRAND) 
terms. This may include setting interim access terms where negotiations fail; 
(c) Divestiture: Order the divestment of assets, business units, or equity interests, 
where structural separation is required to remedy substantial harm to 
competition; 
(d) Structural or Licensing Remedies: Impose operational separation 
obligations or recommend licence suspension or revocation to relevant 
authorities; 
(e) Consumer Redress: Where appropriate, facilitate restitution mechanisms 
such as price reductions, compensation schemes, or refunds to affected