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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 (iii) may amount to practices which reflect an apparent or probable 
effect of crippling, excluding or deterring the entry of another person into 
midstream and downstream petroleum operations, or  
(iv) may likely be indicative of an abuse of dominant position in respect 
of the provision of any service; and 
(b) consider how best to prevent or mitigate abuse of market power in its 
decisions and determinations regarding matters including licence, permit or 
authorisation applications, grant, terms and conditions and the regulation 
of prices for services in competitive markets. 
7. Notwithstanding the provisions of regulation 6, where the Authority deems 
it to be in national interest or necessary to preserve or promote the benefits 
of a functional and effective competitive market, the Authority may, on the 
application by a licensee or other person with the ability to influence the 
price of petroleum products —  
(a)  give written approval to the application upon such terms and conditions 
and impose other requirements as it may deem appropriate; and  
(b) issue directions to prevent or mitigate any conduct that shall or is likely to 
lead to the unlawful exercise of market power that will prevent customers 
from obtaining the benefits of a properly functioning and competitive 
market.  
(3)  The Authority may, at any time, withdraw an approval granted under 
this regulation upon such terms and conditions as it may deem appropriate 
(4) Where the Authority, at the expiration of 90 days time frame, fails to 
communicate in writing its approval or rejection to the licensee under these 
Regulations, the application shall be deemed to have been approved. 
National 
interest 
8. (1) An existing licensee shall, not later than 60 days from the 
commencement of these Regulations, publish its terms of supply or 
distribution including tariffs and prices, other than for negotiated tariffs and 
prices under section 122 (4) of the Act. 
 
(2)  A new licensee, shall upon the commencement of petroleum 
operations, publish its terms of supply or distribution including tariffs and 
prices, other than for negotiated tariffs and prices under section 122 (4) of 
the Act 
Publication 
of terms of 
supply and 
distribution