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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(a) based on objective and non-discriminatory criteria as provided in 
Regulation 6(4) of these Regulations; and 
(b) approved in writing by the Authority with justification and documentation 
retained for audit purposes. 
 
4. 
Record-Keeping and Audit Compliance 
Licensees shall: 
(a) maintain a complete and verifiable record of all access agreements, 
including pricing schedules and discount justifications; 
(b) submit periodic tariff compliance reports or declarations to the Authority; 
(c) cooperate with the Authority in the regulatory audits to confirm consistency 
between published terms and actual practices. 
5. 
Enforcement and Remedies 
Any violation of this Regulation shall constitute an offence under this Regulation 
and may attract: 
 
(a) 
Administrative penalties or fines under Part XVII of these 
Regulations; 
 
(b) 
Orders to reimburse affected customers for discriminatory 
charges; 
 
(c) 
Licence suspension or additional transparency requirements 
under Parts XVI and XVII of these Regulations. 
 
8. Misuse of Public Service Obligations 
 
1. 
Good Faith Performance of Public Service Obligations 
Where the government or the Authority imposes public service obligations on 
licensees such as requirements to maintain strategic petroleum product stocks, 
ensure supply to underserved or remote areas, or participate in regulated 
pricing or emergency supply programmes licensees shall perform such 
obligations in good faith and strictly for the public interest, in accordance with 
Sections 3,(3),171 and 209 of the Act, or any other applicable law. 
2. 
Prohibition Misuse 
Licensees shall not misuse the existence, terms, or conditions of public service 
obligations to: 
 
(a) 
Engage in collusive behaviour (e.g. joint price-setting); 
 
(b) 
Justify the exclusion of competitors or denial of access to 
infrastructure; 
 
(c) 
Create artificial supply shortages to manipulate price control 
levels; 
 
(d) 
Misrepresent compliance costs to extract unjustified economic 
advantage. 
3. 
Prohibited Conduct 
The following practices shall be deemed violations of this Regulation: 
 
(a) 
Two or more licensees coordinating to inflate costs or under-supply 
designated regions under the guise of a mandated supply programme; 
 
(b) 
Using strategic stock obligations to refuse supply to third parties 
without technical or logistical justification; 
 
(c) 
Artificially inflating volumes or reimbursement schemes;