Section 211: Power to prevent anticompetitive behaviour.

1 Subject to the provisions of the Federal Competition and Consumer Protection Act, the Authority shall have the responsibility to prevent anti-competitive behaviour with respect to midstream and downstream petroleum operations and may take any or a combination of the following actions - [Act No 1, 2018]
a monitor and determine whether any conduct by a licensee or any other person operating or intending to operate in midstream and downstream petroleum operations -
(i) has the purpose or effect of substantially lessening competition in any segment of the midstream and downstream petroleum operations,
(ii) may likely result in anti-competitive or discriminatory conduct, including an unlawful exercise of market power that may prevent customers from obtaining the benefits of a properly functioning and competitive market,
(iii) may amount to practices which reflect an apparent or probable effect of crippling, excluding or deterring the entry of another person into midstream and downstream petroleum operations, or
(iv) may likely be indicative of an abuse of dominant position in respect of the provision of any service;
b consider how best to prevent or mitigate abuse of market power in its decisions and determinations regarding matters including licence applications, grant of licence, licence terms and conditions and the regulation of prices for services in competitive markets; and
c where, in the opinion of the Authority there is or may be, anticompetitive behaviour and in particular an abuse of market power, the Authority shall -
(i) issue "cease and desist" orders as may be required,
(ii) require and compel the disclosure of information from licensees,
(iii) undertake inquiries and investigations, and
(iv) levy fines prescribed by regulations issued by the Authority, which shall not exceed 5% of the annual turnover of the company for the preceding year.

2 Notwithstanding the provisions of this section, where the Authority deems it to be in national interest or necessary to preserve or promote the benefits of a functional and effective competitive market, the Authority may, on the application by a licensee or other person with the ability to influence the price of petroleum products,
a give written approval to the application upon such terms and conditions and impose other requirements as it may deem appropriate; and
b issue directions to prevent or mitigate any conduct that shall or is likely to lead to the unlawful exercise of market power that will prevent customers from obtaining the benefits of a properly functioning and competitive market.

3 The Authority may at any time withdraw an approval granted under subsection (2) upon such terms and conditions as it may deem appropriate.