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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(2) For the purpose of this Regulation, a conduct or arrangement “substantially 
lessens competition” if it materially and persistently reduces competitive rivalry 
or impairs the competitive structure of the relevant market. 
 
 
85. Determination of Anti-Competitive or Discriminatory Conduct and Abuse of 
Market Power 
(1) The Authority shall consider the following as anti-competitive conduct, 
including but not limited to: 
(a) Horizontal agreements such as price-fixing, bid-rigging, market allocation, 
or output restriction; 
(b) Collusive tendering or manipulation of bidding processes; 
(c) Vertical restraints that have the effect of foreclosing competitors or harming 
consumer welfare. 
(2) Discriminatory conduct shall be deemed to occur where a licensee or 
operator: 
(a) Applies dissimilar conditions to equivalent transactions with other trading 
parties; 
(b) Places certain parties at a competitive disadvantage without objective 
justification. 
(3) Unlawful exercise of market power shall include any conduct by an 
undertaking with market power that prevents, restricts, or distorts competition, 
including: 
(a) Charging excessive or exploitative prices; 
(b) Engaging in predatory pricing or below-cost selling intended to exclude 
competitors; 
(c) Refusing to supply an essential input or access to critical infrastructure 
without objective justification; 
(d) Imposing unfair trading terms, contractual coercion, or abusive rebate 
structures; 
(e) Tying or bundling unrelated services in a manner that restricts market 
access or competition. 
 
86. Determination of Practices Excluding, Deterring or Crippling Entry or 
Expansion 
In determining whether conduct constitutes exclusionary, deterring, or market-
crushing behaviour, the Authority shall consider: 
(1) 
Evidence of predatory strategies designed to drive existing or potential 
competitors out of the market; 
(2) 
Practices aimed at raising rivals’ costs without efficiency justification; 
(3) 
Abuse or manipulation of regulatory processes to impose compliance 
burdens on competitors; 
(4) 
Exclusive dealing arrangements or loyalty-inducing rebates that 
substantially foreclose market access; 
(5) 
Unjustified refusal to grant access to essential facilities or infrastructure 
on fair, transparent, and non-discriminatory terms.