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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(b) maintain comprehensive and auditable records of all access requests,
criteria used for evaluation, timelines for response, and decisions made;
(c) provide written reasons for any denial, deferment, or conditional approval
of access;
(d) submit periodic reports to the Authority containing capacity utilization
statistics, booked versus actual throughput, maintenance schedules, outage
durations, and any significant changes to infrastructure capability, integrity,
ownership, or configuration;
(e) retain all records for a minimum period as prescribed by the Authority and
make them available for inspection upon request.
8. Regulatory Oversight and Compliance
The Authority may:
(a) issue further guidelines on the form, content, and frequency of disclosures
and reports;
(b) conduct audits or request supporting documentation from operators;
(c) investigate any non-compliance, refusal to disclose, or use of technical or
capacity criteria to foreclose competition;
(d) amend or suspend the offending criteria or practices;
(e) order immediate access or reallocation of capacity;
(f) impose fines, penalties, or structural remedies;
(g) revoke approvals or capacity rights;
(h) grant interim access to affected competitors pending full corrective
measures.
Part IV: Collusive Agreements and Anticompetitive Coordination
13. Prohibition of Collusive Agreements and Practices
1. General Prohibition
No licensee, market participant, or group of undertakings in the midstream or
downstream petroleum sector shall enter into any agreement, arrangement,
understanding, or concerted practice—whether formal or informal, written or
oral, explicit or tacit—that has the object or effect of preventing, restricting, or
distorting competition.
2. Specific Prohibited Conduct
Without limiting sub-regulation (1), the following conduct is strictly prohibited:
(a) Price-Fixing or Coordinated Pricing Behaviour – agreeing, aligning, or
coordinating prices or any pricing element, including pump prices, ex-depot
prices, margins, discounts, surcharges, freight/delivery charges, or pricing
formulas/benchmarks.
(b) Market Allocation and Territorial Sharing – dividing customers, territories,
product lines, or classes of trade; agreeing to refrain from entering certain
geographic areas or serving particular customers; coordinating the siting of
outlets to avoid competition.
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