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 40 of 127

Open the PDF at page 40

40 
 
(b) Sharing or internal transmission of such information across separate business 
units or affiliated entities not authorized to access or use it; 
(c) Using infrastructure access requests, service scheduling data, or joint 
project intelligence to distort market outcomes, block entry, or undermine 
competitor strategies. 
(4) Functional separations and Internal Safeguards 
 Where a licensee is vertically integrated or simultaneously operates in 
infrastructure, logistics, and marketing segments, the Authority may direct that 
it establish: 
(a) Functional separation to prevent internal transmission of sensitive 
competitor information; 
(b) Information handling protocols ensuring that competitively sensitive data is 
accessed solely for its intended operational purpose; 
(c) Compliance monitoring systems, including access logs, internal audits, and 
staff training, to prevent breaches. 
(5) Reporting and Disclosure Obligations 
 A licensee that becomes aware of a potential or actual misuse of sensitive 
market data within its organization or between affiliates must: 
(a) Immediately notify the Authority; 
(b) Disclose the nature of the data involved and business units affected; 
(c) Submit a remedial plan to prevent recurrence, including possible structural 
or operational reforms. 
(6) Investigative and Enforcement Powers: 
The Authority shall have the power to: 
(a) Audit internal communications, system logs, and compliance structures of 
integrated firms; 
(b) Impose interim measures, including suspension of specific operational 
permissions or access to competitor data; 
(c) Require the licensee to implement enforceable undertakings or submit to 
third-party oversight. 
(7) Sanctions:  
Any breach of these Regulations constitutes a material violation of the Act, the 
Federal Competition and Consumer Protection Act and may result in: 
(a) Administrative penalties as prescribed in Part XVII; 
(b) Orders for functional or legal separation of business units; 
(c) Suspension or modification of the access rights, infrastructure operations, or 
joint market participation privileges of the licensee. 
 
 
 
35. Protection of Consumer Data and Prohibition of Anticompetitive Data 
Sharing 
 
(1) Obligation to protect Consumer Data  
All licensees shall collect, store, use, and share consumer data in compliance 
with the Nigeria Data Protection Act 2023 and applicable Regulations on 
privacy and in a manner that does not restrict competition or harm consumer 
welfare in the midstream and downstream petroleum industry. 
(2) Prohibition of Anticompetitive Data Pooling