MDPPACPB Regulations

Page 82 of 127
82 
 
 
(3) Where a matter involves concurrent jurisdiction, the Authority shall 
cooperate and coordinate with the FCCPC to: 
(a) Avoid regulatory duplication, inconsistency, conflicting remedies, or 
enforcement gaps or regulatory gaps; 
(b) Exchange relevant information, including market intelligence, complaints, 
or enforcement findings; and 
(c) Establish joint investigation protocols or memoranda of understanding as 
appropriate. 
 
(4) In the event of an inconsistency between these Regulation and a general 
Regulation issued under the Federal Competition and Consumer Protection 
Act, the matter shall be referred jointly to the Authority and the Federal 
Competition and Consumer Protection Commission for resolution. In resolving 
such inconsistency, both Regulatory Authorities shall act in a manner that 
ensures the objectives of sector-specific competition oversight and general 
competition law and policy are harmonised. 
 
126. Joint Oversight of Competition and Consumer Protection  
(1) Where conduct in the midstream and downstream petroleum sector 
constitutes anti-competitive behaviour with adverse consumer impact, the 
Authority shall coordinate with the Federal Competition and Consumer 
Protection Commission to jointly address or refer such matters for enforcement, 
including conduct such as: 
    (a) price fixing, price gouging, or any pricing practice resulting in excessive 
or unfair consumer charges; 
    (b) collusive arrangements or supply restrictions that result in artificial scarcity 
of petroleum or gas products; 
    (c) deceptive, misleading, or false announcements or representations that 
impair informed consumer choice. 
Matters Falling Outside Competition Scope 
(2) Where the issue pertains to matters not directly constituting anti-
competitive behaviour but which affect consumer welfare—such as: 
    (a) product quality and adulteration; 
    (b) metering accuracy and the reliability of measurement systems; 
    (c) billing errors, disconnection practices, or deficient customer service— 
the Authority shall assume full regulatory oversight and enforcement 
responsibility under its mandate in Section 164(1) of the Act, or, where 
appropriate, refer such matters to the Federal Competition and Consumer 
Protection Commission. 
Metering and Measurement Oversight 
(3) Pursuant to Section 164(1)(e)(i) of the Act, the Authority shall require 
licensees to adhere to approved customer service codes and technical 
standards relating to the installation, maintenance, testing, and accuracy of 
metering systems, including petroleum dispensing pumps and flow meters. The 
Authority may impose penalties for non-compliance as prescribed in the 
relevant regulations.