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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PART XVI- ENFORCEMENT AND REMEDIAL ACTIONS REGARDING ANTI-
COMPETITIVE BEHAVIOUR
89. Issuance of Cease and Desist Orders
(1) Where the Authority, following an investigation, determines that a licensee,
operator, or any other person has engaged, is engaging, or is likely to engage
in conduct that violates the provisions of this Regulation, the Act, or applicable
competition laws, it may issue a written Cease and Desist Order requiring the
immediate cessation of the offending conduct.
(2) The Authority shall, prior to issuing a final Cease and Desist Order:
(a) Serve a Notice of Intention to issue the order, specifying the alleged
conduct, preliminary findings, and proposed terms of the order;
(b) Provide the respondent with a reasonable opportunity to make written or
oral representations, not less than 14 working days from the date of the notice.
(3) The Authority may issue an interim Cease and Desist Order without prior
notice where it considers it necessary to prevent serious and irreparable harm
to competition, market access, or consumers. The respondent shall be granted
a right to be heard within 10 working days of such order.
90. Content and Nature of Cease and Desist Orders
(1) All Cease and Desist Orders shall:
(a) Be in writing and specify the conduct to be ceased, the reasons for the
order, and any deadlines for compliance;
(b) Be enforceable immediately upon issuance or as stated therein;
(c) State whether it is interim or final in nature.
(d) Remain binding until expressly revoked, amended, or superseded by the
Authority or a court of competent jurisdiction.
91. Remedial Actions and Corrective Measures
In addition to or instead of a Cease and Desist Order, the Authority may impose
any of the following remedial measures, as necessary to restore or preserve
competitive conditions:
(a) Contractual Modifications: Require a party to remove or amend
exclusionary terms (such as tying arrangements, exclusivity clauses, or unfair
pricing provisions);
(b) Access Orders: Direct a facility operator or infrastructure owner to provide
access to third parties on fair, reasonable, and non-discriminatory (FRAND)
terms. This may include setting interim access terms where negotiations fail;
(c) Divestiture: Order the divestment of assets, business units, or equity interests,
where structural separation is required to remedy substantial harm to
competition;
(d) Structural or Licensing Remedies: Impose operational separation
obligations or recommend licence suspension or revocation to relevant
authorities;
(e) Consumer Redress: Where appropriate, facilitate restitution mechanisms
such as price reductions, compensation schemes, or refunds to affected
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