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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34 (4) Independent Commercial Decision Requirement: Each Licensee shall ensure that its decision to supply, grant access, or transact with another market participant is made independently and on the basis of objective, transparent, and commercially reasonable criteria. (5) Investigative and Enforcement Powers: Where the Authority observes or receives credible complaints regarding suspected coordinated refusal to deal, the Authority shall: (a) Initiate a formal investigation, including powers to compel the production of internal communications, supply records, meeting minutes, and other relevant documents; (b) Impose interim measures, where necessary, to prevent irreparable harm to competition or market integrity; (c) Pursue enforcement actions, including administrative penalties, orders to cease the offending conduct, and structural or behavioural remedies, as provided under the relevant provisions of the Act, Federal Competition and Consumer Protection Act and these Regulations. (6) Penalties and Sanctions Any Licensee found to have violated this Regulation shall be subject to: (a) Administrative fines which shall not exceed 5% percentage of annual turnover in the relevant market segment; (b) Orders to provide access or supply on non-discriminatory and fair terms; (c) Any additional sanctions or remedies as provided under the Act, the Federal Competition and Consumer Protection Act, or other applicable laws. (7) Non-Exemption No exemption, waiver, or justification under commercial freedom of contract or infrastructure ownership shall apply to conduct prohibited under this Regulation. PART VIII- DIGITAL MARKET PRACTICES AND DATA TRANSPARENCY OBLIGATIONS 30. Market Data Provision, Shared Platform Access, and Prohibition of Data Manipulation (1) Duty to Provide Accurate and Timely Data to the Authority All licensees shall furnish the Authority with complete, accurate, and timely data or information as required for the effective exercise of its market oversight, monitoring, and competition enforcement functions. This obligation includes, but is not limited to: (a) Prices charged (wholesale, retail, and transfer prices); (b) Sales volumes, capacity utilization, stock levels, and throughput data; (c) Import/export figures, supply obligations, and affiliate transactions; (d) Other data relevant to market behaviour, dominance assessment, or competitive effects. (2) Mandated Periodic Reporting by Major Market Participants
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