MDPPACPB Regulations

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(4) Breach of a settlement shall entitle the Authority to reopen proceedings 
and impose the maximum applicable penalties. 
 
108. Commitment Decisions 
(1) A party under investigation may propose voluntary commitments to 
remedy the competition concerns identified by the Authority. 
(2) Where the Authority finds that such commitments are sufficient to address 
the concerns without finding an infringement, it may adopt a decision making 
those commitments legally binding. 
(3) No fine shall be imposed under a commitment decision. 
(4) Breach of a commitment decision shall constitute a separate violation, 
punishable by a fine and re-opening of the original investigation. 
 
109. Transparency and Procedural Safeguards 
(1) Incorporation of FCCPC Leniency Rules and Schedules to these 
Regulations 
The Federal Competition and Consumer Protection Commission (FCCPC) 
Leniency Rules, 2022 shall apply to the administration of the Leniency 
Programme by the Authority and, by reference, are deemed to form part of 
these Regulations for the purpose of establishing qualification criteria, 
cooperation obligations, fine reductions, and related matters. 
(a) For the effective administration of these Regulations, the following 
instruments namely: Leniency Policy and Settlement Procedure Guidelines set 
out in Schedules to these Regulations and shall have binding effect: 
    (i) Schedule 4 to these Regulations – Leniency Policy (with Sub-Schedules 
4(A)–I(F) providing operational instruments); and 
    (ii) Schedule 5 to these Regulations – Settlement Procedure Guideline. 
(b) The Authority shall interpret and apply these Regulations, including the 
Schedules, in a manner that harmonises them with the FCCPC Leniency Rules, 
2022; provided always that where any inconsistency or irreconcilable conflict 
arises, the provisions of the Act and these Regulations shall prevail in respect of 
petroleum sector–specific matters. 
(2) Transparency and Procedural Fairness 
(a) Before concluding a settlement, the Authority may invite observations from 
third parties, including complainants and affected market participants, where 
it considers such consultation necessary to ensure that the settlement 
preserves effective competition and protects market integrity. 
(b) Where third-party observations are invited, the Authority shall ensure that 
the process is proportionate, time-bound, and consistent with the 
confidentiality obligations set out in the Schedules. 
(3) Confidentiality of Leniency and Settlement Applications 
(a) All applications for leniency and settlement, including documents, 
testimony, and related evidence, shall be treated with strict confidentiality by 
the Authority. 
(b) Such confidentiality shall be subject only to: 
    (i) Applicable data protection legislation;