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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81 121. Finality and Enforcement of Un-appealed Decisions (1) Where no appeal is filed within the prescribed period, the decision or order of the Authority shall become final and enforceable. (2) The Authority may, where necessary, initiate enforcement proceedings for recovery of penalties or implementation of directives, including through the appropriate court of competent jurisdiction. 122. Alternative Dispute Resolution (1) The Authority may, in appropriate cases and subject to public interest considerations, provide for or approve mediation, conciliation, or arbitration to resolve commercial or compliance-related disputes arising under these Regulations, including but not limited to access terms, service standards, and information sharing. (2) Regulatory enforcement matters involving findings of anti-competitive conduct or imposition of penalties shall not be subject to private arbitration. 123. Compliance During Pendency of Appeal (1) The Authority encourages voluntary compliance with its regulatory decisions during the pendency of appeal to preserve regulatory integrity. (2) In the event the appeal is successful, the Authority shall comply with the decision of Federal Competition and Consumer Protection Commission and, where applicable, reverse or modify the relevant measures, including refund of any penalties paid. (3) Until such time, all parties are required to act in good faith and in accordance with the objectives of these Regulations. 124. Guidelines The Authority may issue Guidelines on the Alternative Dispute Resolution Mechanisms, setting out further details on timelines, format, and procedure as specified in Schedule 8 to these Regulations. PART XXI- RELATIONSHIP WITH OTHER LAWS AND COORDINATION WITH OTHER AUTHORITIES 125. Concurrent Jurisdiction and Regulatory Coordination (1) The provisions of these Regulation shall be read and applied in a manner that is consistent with the Act, the Federal Competition and Consumer Protection Act 2018, and any other applicable laws of the Federal Republic of Nigeria. (2) The Authority recognises the Federal Competition and Consumer Protection Commission as the principal authority on competition law and consumer protection in Nigeria. However, pursuant to Sections 210, 211, and 212 of the Act, the Authority exercises jurisdiction on sector-specific competition matters within the midstream and downstream petroleum industry, such as petroleum infrastructure, operations, and market conduct.
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