Library / MIDSTREAM AND DOWNSTREAM PETROLEUM ANTI-COMPETITION AND CUSTOMER PROTECTION REGULATIONS, 2023
MIDSTREAM AND DOWNSTREAM PETROLEUM ANTI-COMPETITION AND CUSTOMER PROTECTION REGULATIONS, 2023

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(d)  prevent or stop situations of abuse of dominant power and restrictive 
business practices. 
4. (1) The Authority shall continually assess whether the petroleum industry is 
operating efficiently, or whether the existing market arrangements may 
constitute barriers to entry into the market for new market participants. 
 
(2) Where the Authority determines that the petroleum industry is not 
operating efficiently or that existing market arrangements constitute barriers 
to entry into the market it may direct a licensee or group of licensees to 
undertake a specific action to ensure efficient market operations and 
encourage entry into the market.  
 
Assessing 
the market 
5. The Authority shall – 
(a) determine whether there is any anti-competitive activity being carried 
on and exercise its powers under these Regulations to prevent the 
continuance of the activity; and 
 
(b) determine and issue, by notice, any pre-conditions and any transitional 
arrangements required for any services to be offered competitively by 
licensees.  
Determining 
anti-
competitive 
activity 
6. Subject to the provisions of the Federal Competition and Consumer 
Protection Act in force, the Authority shall have power to prevent anti-
competitive behaviour and may take any or a combination of the following 
actions—  
(a) monitor and determine whether any conduct by a licensee or any other 
person operating or intending to operate in midstream and downstream 
petroleum operations—  
(i)  has the purpose or effect of substantially lessening competition in any 
segment of midstream and downstream petroleum operations,  
(ii) may likely result in anti-competitive or discriminatory conduct, 
including an unlawful exercise of market power that may prevent 
customers from obtaining the benefits of a properly functioning and 
competitive market, 
Powers 
of 
the 
Authority to 
prevent 
anti-
competitive 
behaviour