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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PART XXIII -MISCELLANEOUS 
 
137. Interpretation  
In these Regulations terms defined in the Act shall have the same meanings as 
in the Act and in addition to the following:- 
 “Act” means the Petroleum Industry Act 2021 and includes any amendments 
thereto. 
 “Authority” means the Nigerian Midstream and Downstream Petroleum 
Regulatory Authority (NMDPRA) established under the Act, or any successor 
entity responsible for regulating midstream and downstream petroleum 
operations. 
  “Affiliate” means any entity that directly or indirectly controls, is controlled by, 
or is under common control with, a licensee. 
 “Dominant Position” refers to a position of economic strength enjoyed by an 
undertaking which enables it to prevent effective competition being 
maintained in a relevant market, by giving it the power to behave to an 
appreciable extent independently of competitors, customers, or consumers. 
(Indicatively, a market share of 40% or above in a relevant market may raise a 
presumption of dominance, though the Authority will consider all relevant 
circumstances, including market structure and competitor behaviour.) 
“Essential Facility” means infrastructure or resources that are critical for 
participation in the petroleum market (such as pipelines, storage depots, 
jetties, loading facilities, or digital platforms for exchange of petroleum 
products) and which cannot reasonably be duplicated or substituted, such 
that denial of access to the facility would hinder competition. 
 “Licensee” means any holder of a licence, permit or authorisation issued by 
the Authority for midstream or downstream petroleum operations. This includes 
holders of pipeline transportation licences, bulk storage facility licences, 
wholesale supply licences, retail outlet licences, refining or processing licences, 
and others as defined under the Act or regulations. 
 “Relevant Market” refers to the market for particular products or services in a 
defined geographic area, as determined by characteristics of the 
products/services and the possibility of substitution by consumers. The Authority 
will determine relevant product and geographic markets on a case-by-case 
basis when assessing competition issues. 
“Anti-competitive behaviour/practice” includes any agreement, conduct or 
course of action that improperly prevents, restricts or distorts competition in the 
petroleum midstream or downstream sector. This encompasses both anti-
competitive agreements (between separate firms) and abuses of dominance 
(unilateral conduct by a firm with market power), as detailed in these 
Regulation. 
“Undertaking” as defined in Section 167 of the Federal Competition and 
Consumer Protection Act.