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
Page 100 of 127
100
(b) Provides false or misleading information;
(c) Fails to cease participation in the cartel; or
(d) Breaches confidentiality or cooperation obligations.
Part V – Fine Reductions and Benefits
12. Fine Reductions Framework
(1) The level of fine reduction shall depend on the timing and value of
information provided, as follows:
•
First Applicant (Full Immunity): Up to 100% reduction of financial
penalties;
•
Second Applicant: Up to 50% reduction;
•
Third Applicant: Up to 30% reduction;
•
Subsequent Applicants: Up to 20% reduction.
(2) Fine reductions shall also consider:
(a) The significance of the evidence;
(b) The timing of disclosure;
(c) The applicant’s role in the cartel (leader vs follower);
(d) The applicant’s degree of cooperation; and
(e) The applicant’s corrective measures.
13. Non-Monetary Benefits
In addition to fine reductions, applicants may benefit from:
(a) Reduced duration of proceedings;
(b) Consideration of compliance commitments in future licensing or tariff
reviews;
(c) Reduced reputational harm through acknowledgement of cooperation.
Part VI – Procedure and Timelines
14. Initial Application
(1) An undertaking may submit a Leniency Application in writing at any time
prior to the conclusion of the Authority’s investigation.
(2) The application must include:
(a) Identity of the applicant;
(b) Description of the conduct;
(c) Names of other participants;
(d) Evidence in possession;
(e) Request for marker (if first applicant).
15. Conditional Leniency
Pricing & TariffsPDF100