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MDPPACPB Regulations
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83 Institutional Cooperation with the Federal Competition and Consumer Protection Commission (4) In accordance with Section 164(5)(b) of the Act, the Authority shall, in the development and enforcement of customer protection regulations, take into account established consumer protection standards, procedures, and practices issued by the Federal Competition and Consumer Protection Commission, and consult relevant stakeholders to ensure regulatory coherence and minimise duplication of oversight. 127. Alignment with Sectoral Regulations (1) These Regulations shall be applied in conjunction with other regulations issued by the Authority, including those on tariff, licensing, access, and technical operations. (2) Where any provision in another petroleum regulation is capable of interpretation in a manner that restricts competition—such as granting exclusive rights or imposing barriers to entry—it shall be interpreted narrowly and in a way that does not defeat the objectives of these Regulations. (3) The Authority shall ensure consistency across its regulatory instruments and may initiate amendments to other regulations or standard licence conditions to incorporate: (a) Non-discrimination obligations; (b) Infrastructure access requirements; (c) Pro-competitive licensing conditions. 128. Compliance with International Obligations The Authority shall implement and enforce this Regulation in a manner consistent with Nigeria’s obligations under international agreements to which it is a party, including but not limited to the ECOWAS Competition Framework, the African Continental Free Trade Area (AfCFTA), and other applicable bilateral or multilateral arrangements. The Authority shall cooperate with any relevant regional or international authority addressing cross-border anti- competitive conduct. 129. Complementarity with Anti-Corruption and Other Laws (1) Nothing in these Regulations shall preclude the enforcement of other applicable laws concerning anti-corruption, procurement, criminal conduct, or financial offences. (2) Where anti-competitive conduct also constitutes a breach of anti- corruption or public procurement laws (such as collusive tendering or abuse of influence), the Authority shall: (a) Refer the matter to the relevant investigative or prosecutorial agencies; (b) Share relevant evidence or findings under a confidentiality protocol; and (c) Coordinate enforcement timelines to avoid prejudicing proceedings under either law.
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