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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 No licensee shall, directly or indirectly, enter into any arrangement, 
agreement, or understanding—formal or informal—with competitors for the 
purpose of: 
(a) Sharing, pooling, or jointly analysing detailed consumer purchase histories, 
personal behavioural profiles, or transaction-level data; 
(b) Using such data to fix prices, allocate markets, target consumers in a 
discriminatory or exclusionary manner, or create artificial barriers to switching; 
(c) Coordinating or aligning marketing strategies based on shared consumer 
data in a way that distorts competitive dynamics or harms consumer choice. 
(3) Examples of Prohibited Conduct 
 The following shall be presumed to violate this Regulation unless justified under 
a legitimate public interest and approved by the Authority: 
(a) Competitors establishing or operating a joint database of individual 
consumer fuel purchases, fleet refuelling logs, or loyalty programme behaviour 
for strategic commercial use; 
(b) Sharing insights derived from consumer data to suppress competition, deter 
market entry, or reduce price transparency; 
(c) Utilizing consumer data obtained through co-marketing or loyalty 
partnerships to engage in collusive behaviour or consumer exploitation. 
(4) Data Sharing Between Affiliates 
 Any data sharing between affiliated companies under common ownership or 
control must: 
(a) Be consistent with the stated purpose for which consumer data was 
collected; 
(b) Not result in market foreclosure, collusion, or unfair targeting of rival 
customers; 
(c) Be subject to internal safeguards and documented policies to prevent 
misuse. 
(5) Regulatory Oversight and Compliance 
 The Authority may require licensees to: 
(a) Submit data governance and consumer privacy policies for review; 
(b) Disclose any arrangements involving data sharing or joint analytics 
platforms with competitors; 
(c) Undergo compliance audits where consumer data is being used in pricing, 
loyalty, or behavioural targeting systems. 
(6) Sanctions and Remedies:  
A violation of this Regulation constitutes a breach of the Act, the Federal 
Competition and Consumer Protection Act and a potential violation of 
consumer protection or Nigeria Data Protection Act 2023, and may result in: 
(a) Administrative penalties as outlined in Part XVII; 
(b) Orders to cease and desist any unlawful data sharing practices; 
(c) Referral to the Nigeria Data Protection Commission (NDPC) for further 
enforcement; 
(d) Mandatory deletion or anonymization of improperly acquired or shared 
data.