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MDPPACPB Regulations
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9 (c) refrain from practices that create artificial price uniformity or allocate customers. 3. Internal Governance and Contractual Safeguards The Authority may require licensees to— (a) incorporate competition compliance clauses in corporate governance policies and third-party contracts; (b) implement internal audit, legal review, and compliance monitoring for competition obligations; (c) include specific provisions in third-party contracts such as access agreements, supply arrangements, and infrastructure service contracts to ensure adherence to Competition Regulations and to prevent anti- competitive terms or effects; (d) maintain operational separation between monopoly facilities and competitive activities in line with Regulation 6. 4. Reporting In line with the provisions in Part XIX of these Regulations, licensees shall: (a) provide periodic competition compliance reports or attestations concerning their adherence to competition obligations in the form prescribed by the Authority. (b) submit evidence of staff training, board oversight, and internal controls on compliance with the Act, these Regulations, FCCPA Competition Regulations. 5. Enforcement and Sanctions Any failure to comply with the requirements under this Regulation shall constitute a breach of licence conditions and may result in regulatory sanctions, including administrative penalties, licence suspension, or revocation, in accordance with Parts XVI and XVII of these Regulations. 6. Non-Discrimination and Affiliate Neutrality 1. Non-Discrimination Duty All licensees owning or operating, or controlling any facility, infrastructure, or provide services that are essential to other participants in the midstream and downstream petroleum sector including but not limited to pipelines, depots, jetties, terminals, processing facilities, or storage systems shall grant access and provide such services on transparent, objective, and non-discriminatory terms in accordance with Sections 116, 161, 162,179,180, 185 and 213 of the Act. 2. Equal Treatment There shall be no unjustified discrimination between similarly situated parties in relation to— (a) access rights; (b) tariffs and pricing terms; (c) service quality and reliability; (d) technical or commercial conditions. 3. Affiliate Neutrality Vertically integrated licensees shall not— (a) grant preferential access or scheduling rights to affiliates; (b) allocate capacity in a manner favouring related parties;
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