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 8 of 127

Open the PDF at page 8

8 
 
(a) horizontal agreements between competitors to fix prices, allocate 
territories, or limit production; 
(b) vertical agreements that result in resale price maintenance, market 
foreclosure, or tying; 
(c) collusive tendering or bid-rigging; 
(d) any contractual provision that waives or limits competition obligations 
under these Regulations, the Act, or the Federal Competition and Consumer 
Protection Act. 
 
3. 
Liability 
All parties to an agreement falling within subregulation (1) are jointly and 
severally liable for the infringement and subject to sanctions under Parts XVI 
and XVII. 
 
4. 
Reporting Obligation 
Any licensee aware of such agreements shall promptly notify the Authority; 
voluntary disclosure may be considered a mitigating factor. 
5. 
No Immunity by Consent 
The validity of a contractual term shall not be justified on the basis of mutual 
consent, commercial custom, or industry practice if it violates competition law 
principles. 
6. Enforcement and Remedial Powers 
The Authority may: 
 
(a)prohibit the making or performing of an agreement or arrangements 
to which these Regulations relate; 
(b)declare specific provisions of an agreement or contract unlawful and 
direct their removal or amendment; 
 
(c) 
Investigate any licensee that knowingly includes such terms in its 
agreements; 
 
(d) 
Impose penalties or administrative sanctions as provided in Parts 
XVI and XVII of these Regulations. 
7. 
Obligation to Review and Amend Contracts 
Licensees shall review and, where necessary, amend existing contracts to 
ensure alignment with the competition obligations under these Regulations. 
The Authority may issue further guidance on compliance expectations and 
transitional periods. 
 
 
5. Obligation to Maintain Competitive Market Conditions  
 
1. 
General Duty 
Every licensee or permit holder operating in the midstream and downstream 
petroleum sector shall conduct its business in a manner that promotes effective 
competition, supports market entry, and avoids conduct or practices that lead 
to or reinforce monopoly, dominance, or exclusionary outcomes. 
 
2. 
Market Conduct Standards 
Without prejudice to Regulation 3, licensees shall— 
(a) set prices and service terms independently; 
(b) compete fairly on product quality, service delivery, location, and 
efficiency;