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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This Policy applies to: 
(a) All licensees, operators, service providers, and other market participants 
engaged in midstream and downstream petroleum activities; 
(b) All forms of anti-competitive agreements and concerted practices, 
including price fixing, market allocation, output restriction, bid-rigging, and 
collusive tendering; 
(c) Any conduct investigated by the Authority which may also constitute an 
infringement under the Act, these Regulations, FCCPA 2018 and the FCCPC 
Leniency Rules, 2022. 
 
Part II – Legal Basis and Harmonisation 
 
4. Incorporation of FCCPC Leniency Rules 
 
(1) The FCCPC Leniency Rules, 2022 shall apply by reference to this Policy and 
are deemed to form an integral part of it. 
(2) The Authority shall interpret and apply this Policy in a manner consistent with 
the FCCPC Leniency Rules, 2022, ensuring harmonisation and avoidance of 
duplication. 
(3) Provided always that, in cases of irreconcilable conflict, the provisions of 
the Petroleum Industry Act, 2021 and the Midstream and Downstream 
Petroleum Industry Competition Regulations shall prevail in relation to 
petroleum sector–specific matters. 
 
 
Part III – Eligibility and Qualification Criteria 
 
5. General Eligibility 
 
(1) Leniency shall be available to any undertaking or individual that: 
    (a) Has participated in a cartel or prohibited anti-competitive conduct; 
    (b) Provides the Authority with full, truthful, and continuous cooperation 
throughout the investigation; and 
    (c) Ceases participation in the infringing conduct immediately upon 
disclosure. 
 
(2) Leniency shall not be available to an undertaking that: 
    (a) Initiated or coerced other parties into participating in the cartel; 
    (b) Conceals or destroys evidence; 
    (c) Provides false or misleading information to the Authority. 
 
6. Marker System 
 
(1) The Authority shall operate a marker system to preserve priority for the first 
applicant who discloses cartel activity. 
(2) An applicant who applies first shall be granted conditional immunity, 
subject to fulfilling cooperation obligations.