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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95 This table classifies infringements into Category A (Severe), Category B (Moderate), and Category C (Minor/Technical) offenses, along with guideline penalty ranges, examples, and notes on aggravating/mitigating factors. PENALTIES TABLE – GUIDELINE FINES FOR COMPETITION INFRINGEMENTS Category Nature of Offense Examples Indicative Fine Range Aggravating Factors Mitigating Factors A(Severe Offenses) Hardcore anti- competitiv e conduct with significant market harm or intent - Cartel agreements: price-fixing, bid-rigging, market allocation- Abuse of dominance with foreclosure effects (e.g., predatory pricing, refusal to supply essential facility)- Repeated or coordinated exclusionary behaviour by dominant firm or group 3% – 5% of annual turnover of the offender for the precedin g financial year - Repeat offender (recidivist)- Leader or instigator of the conduct- Obstruction of investigation - Large market share or significant harm caused - Voluntary self- reporting- Cooperation beyond legal duty- Early cessation of conduct- Established compliance program B(Moderat e Offenses) Single-firm conduct or restrictive practices with limited impact or lower intent - Exclusive dealing without clear foreclosure- Tying/bundlin g with minor market harm- Unfair discrimination between trading partners- 1% – 3% of annual turnover - Continuing breach after warning- Moderate financial gains from conduct- Lack of cooperation during investigation - First-time offense- Limited market impact- Voluntary compliance after Authority intervention
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