Library / PETROLEUM INDUSTRY ACT, NO. 6, 2021 MIDSTREAM AND DOWNSTREAM PETROLEUM PREVENTION OF ANTICOMPETITIVE PRACTICES AND BEHAVIOUR REGULATIONS, 2026 ARRANGEMENT OF REGULATIONS

PETROLEUM INDUSTRY ACT, NO. 6, 2021 MIDSTREAM AND DOWNSTREAM PETROLEUM PREVENTION OF ANTICOMPETITIVE PRACTICES AND BEHAVIOUR REGULATIONS, 2026 ARRANGEMENT OF REGULATIONS

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(c) withhold commercially reasonable information from non-affiliates; 
(d) design infrastructure or protocols to disadvantage competitors. 
 
4. 
Permissible Differentiation 
Differences in tariffs, access rights, or service terms may only be permitted 
where such differentiation is: 
 
(a) 
Based on verifiable, objective, and legitimate operational 
differences; and 
 
(b) 
Justified by criteria such as: 
 
(c) 
Volume or quantity of service requested; 
 
(d) 
Distance of transportation; 
 
(e) 
Duration or firmness of the contract; 
 
(f) 
Load factor or delivery profile; 
 
(g) 
Interruptible versus firm service; 
 
(h) 
Creditworthiness or risk exposure; or 
 
(i) 
Any other distinguishing condition expressly approved by the 
Authority. 
 
5. 
Operational Safeguards 
The Authority may require— 
(a) operational firewalls; 
(b) identical service standards for affiliates and non-affiliates; 
(c) independent management of monopoly facilities. 
6. Any failure to comply with the requirements under this Regulation shall 
constitute a breach of licence conditions. The Authority shall have the power 
to: (i) Audit infrastructure operators and service providers for compliance; (ii) 
Investigate complaints of discriminatory treatment; (iii) Impose administrative 
penalties or corrective orders, licence suspension, or revocation, in 
accordance with Parts XVI and XVII of these Regulations. 
 
7. Tariff and Access Transparency 
 
1. 
Publication Obligation 
All licensees providing midstream or downstream services shall publicly disclose 
tariffs, fees, and general service terms— 
(a) on an official website or platform approved by the Authority; and 
(b) in writing upon request. 
 
2. 
Prohibited Practices 
Licensees shall not— 
(a) apply hidden surcharges, unlisted fees, or unannounced changes to 
published tariffs; 
(b) grant secret discounts, rebates, or preferential terms to selected parties; 
(c) offer informal side agreements or off-record commercial arrangements 
that materially alter the published access terms; 
(d)create informal barriers or delays that functionally restrict access to and 
downstream services. 
 
3. 
Permitted Variations 
Any variation from published tariffs or standard service terms shall only be valid 
if: