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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(3) Compliance with these Regulations shall not be a defence to a violation of 
another law, and conversely, compliance with other laws does not exempt a 
person from liability under these Regulations. 
 
130. Review and Harmonisation 
The Authority shall conduct a periodic review of this Regulation and related 
instruments to ensure consistency with evolving legal, economic, and 
regulatory frameworks, and may engage with other regulators, stakeholders, 
and the public to facilitate such review. 
 
PART XXII -POWER TO ISSUE GUIDELINES, CODES OF CONDUCT, AND 
SCHEDULES 
131. Issuance of Guidelines 
(1) The Authority may from time to time, issue guidelines, bulletins, technical 
notes, practice directions, explanatory notes or memoranda to facilitate the 
interpretation and application of this Regulation. 
(2) Without prejudice to the generality of sub-regulation (1), such instruments 
may include: 
(a) Market definition, dominance assessment, or substantial lessening of 
competition; 
(a) analytical techniques to assess market conduct, including but not limited 
to methods for determining predatory pricing or margin squeeze or market 
share thresholds; 
(b) safe harbour thresholds, de minimis exceptions, and indicative criteria for 
assessing the likelihood of competitive harm; 
(c) procedural guidance relating to investigations, for submitting a leniency 
application, requesting an exemption, compliance reporting, or dispute 
resolution. 
(3) Guidelines issued under these Regulations shall not have the force of law 
but shall be persuasive in interpreting the application of these Regulations by 
the Authority and its statutory powers. 
(4) The Authority shall, where appropriate, engage in stakeholder consultation 
before issuing or revising any significant guideline. 
 
132. Codes of Conduct and Sectoral Instruments 
(1) The Authority may, by public notice develop and issue Codes of Conduct, 
either as Schedules to this Regulation or as separate instruments, to govern 
specific conduct or sub-sectors, licensees, or regulated activities within the 
midstream and downstream petroleum industry. 
(2) Such Codes may include, but are not limited to: 
(a) a Retail Franchise Code regulating fair dealing obligations between brand 
owners or oil marketing companies and station operators or their franchisees;  
(b) a Terminal Access Code governing open, transparent and non-
discriminatory access to bulk storage terminals; 
(c) a Pipeline Access Code setting minimum procedural and commercial 
standards for third-party access.