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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75 100. Penalty Categories and Guidelines (1) Schedule 3 to these Regulations categorizes violations and provides indicative fine ranges: • Category A – Severe Infringements (e.g., cartels, abuse of dominance): up to 5% of turnover. • Category B – Moderate Infringements (e.g., exclusive dealing, first- time offences): 1–3% of turnover. • Category C – Minor/Technical Infringements (e.g., failure to notify merger): fixed sum or <1% of turnover. (2) In assessing fines, the Authority shall apply the categorization in Schedule 3 but may depart from guideline ranges with justification. 101. Daily Penalties for Continuing Non-Compliance (1) Where a licensee or person fails to comply with an order or directive of the Authority, a daily penalty may be imposed for each day the violation continues. (2) Such daily penalties shall be calculated in accordance with Schedule 3 and may be cumulative, but the total shall not exceed the overall 5% turnover cap, unless a separate offence is found to exist. 102. Personal Sanctions (1) Directors, managers, or officers who knowingly and directly participate in serious violations (e.g., cartels) may be subject to: (a) Referral to the Federal Competition and Consumer Protection Commission for personal liability under the Federal Competition and Consumer Protection Act; (b) Disqualification from holding management positions in regulated entities; and (c) Criminal prosecution where applicable under the applicable law. 103. Licence Consequences (1) In accordance with Section 215 of the Act, persistent or serious violations may result in: (a) Suspension or revocation of the offender’s licence or permit; or (b) Imposition of specific licence conditions to prevent recurrence. (2) Such actions shall comply with due process under Section 217 of the Act, including the issuance of a default notice and opportunity to remedy. 104. Payment, Recovery, and Appeals (1) Penalties shall be payable within 30 days of the issuance of the Final Penalty Order, unless otherwise specified. (2) Unpaid fines constitute debts recoverable by the Authority in a court of competent jurisdiction or by deduction from any entitlement due to the entity. (3) The imposition of a fine does not preclude the right to appeal of the offender under Part XX of these Regulations, though the fine shall remain payable unless a stay is granted.
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