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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38 (a) Monitor digital platform operations within the midstream and downstream petroleum sectors; (b) Require dominant digital service providers to publish platform access criteria, interoperability protocols, and non-discrimination policies; (c) Investigate complaints of exclusionary digital conduct and, where appropriate, order interim measures, impose administrative penalties, or mandate interoperability or access remedies. (6) Reporting Obligation Any licensee operating a digital platform serving more than 10% of market participants or consumers in a relevant product or geographic market shall annually report to the Authority, disclosing: (a) The number of third-party participants or users; (b) Access criteria and technical integration requirements; (c) Any refusals or suspensions of access and the reasons therefor. 33. Regulation of Algorithmic and Artificial Intelligence (AI)-Based Pricing 1. Permitted Use Algorithmic or artificial intelligence (AI)-based systems pricing tools are permitted to set or adjust prices in the midstream and downstream petroleum industry, provided such systems are not used deliberately or inadvertently in a manner that facilitates anticompetitive behaviour, price coordination, or collusive outcomes. (2) Prohibited Conduct and Outcomes: A licensee shall be deemed to have engaged in anticompetitive conduct if its algorithmic pricing systems: (a) Cause prices to adjust in a coordinated manner with competitors without independent business justification; (b) Are designed or allowed to follow competitor price signals automatically; (c) Rely on shared third-party software or inputs known to produce synchronized or stable high-price outcomes; (d) Result in conscious parallelism that mirrors the effects of a price-fixing agreement, including price stability not explained by market fundamentals. (3) Duty to Program for Compliance Every licensee using algorithmic pricing tools shall: (a) Ensure that the algorithms are designed and regularly tested to comply with the Act, Federal Competition and Consumer Protection Act and these Regulations; (b) Maintain sufficient human oversight and intervention protocols to override any collusive effects or feedback loops; (c) Avoid reliance on pricing systems that react primarily to the price movements of competitors without reference to the costs of the licensee, market strategy, or independent parameters. (4) Presumption of Tacit Collusion by means of Algorithms Where multiple competitors adopt the same or similar pricing software or AI systems and such adoption results in non-competitive market outcomes such as persistent high prices or synchronized changes without communication this
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