Afrindustria/ Gas Gap Monitor

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 83 of 127

Open the PDF at page 83

83 
 
Institutional Cooperation with the Federal Competition and Consumer 
Protection Commission 
(4) In accordance with Section 164(5)(b) of the Act, the Authority shall, in the 
development and enforcement of customer protection regulations, take into 
account established consumer protection standards, procedures, and 
practices issued by the Federal Competition and Consumer Protection 
Commission, and consult relevant stakeholders to ensure regulatory 
coherence and minimise duplication of oversight. 
 
127. Alignment with Sectoral Regulations 
(1) These Regulations shall be applied in conjunction with other regulations 
issued by the Authority, including those on tariff, licensing, access, and 
technical operations. 
(2) Where any provision in another petroleum regulation is capable of 
interpretation in a manner that restricts competition—such as granting 
exclusive rights or imposing barriers to entry—it shall be interpreted narrowly 
and in a way that does not defeat the objectives of these Regulations. 
(3) The Authority shall ensure consistency across its regulatory instruments and 
may initiate amendments to other regulations or standard licence conditions 
to incorporate: 
(a) Non-discrimination obligations; 
(b) Infrastructure access requirements; 
(c) Pro-competitive licensing conditions. 
 
128. Compliance with International Obligations 
The Authority shall implement and enforce this Regulation in a manner 
consistent with Nigeria’s obligations under international agreements to which 
it is a party, including but not limited to the ECOWAS Competition Framework, 
the African Continental Free Trade Area (AfCFTA), and other applicable 
bilateral or multilateral arrangements. The Authority shall cooperate with any 
relevant regional or international authority addressing cross-border anti-
competitive conduct. 
 
129. Complementarity with Anti-Corruption and Other Laws 
(1) Nothing in these Regulations shall preclude the enforcement of other 
applicable laws concerning anti-corruption, procurement, criminal conduct, 
or financial offences. 
 
(2) Where anti-competitive conduct also constitutes a breach of anti-
corruption or public procurement laws (such as collusive tendering or abuse of 
influence), the Authority shall: 
(a) Refer the matter to the relevant investigative or prosecutorial agencies; 
(b) Share relevant evidence or findings under a confidentiality protocol; and 
(c) Coordinate enforcement timelines to avoid prejudicing proceedings under 
either law.