Guidelines as to the meaning of "dominant position"


138.   (1)   The Commission may publish guidelines which clarify how it will apply the test of "dominant position" to a licensee. 

           (2)   The guidelines may specify the matters which the Commission may take into account, including ----- 

                  (a)   the relevant economic market; 
                  (b)   global technology and commercial trends affecting market power;

                  (c)   the market share of the licensee;

                  (d)   the licensee's power to make independent rate setting decisions;

                  (e)   the degree of product or service differentiation and sales 
                          promotion in the market; and

                  (f)    any other matters which the Commission is satisfied are relevant.

Commission may direct a licensee in a dominant position.


139.   (1)   The Commission may direct a licensee in a dominant position in a communications market to cease a conduct in that communications market which has, or may have, the effect of substantially lessening competition in any communications market, and to implement appropriate remedies.

           (2)   The Commission may only issue a direction under subsection (1) if the Commission is satisfied that the direction is consistent with -----       

                  (a)   the objects of this Act; and

                  (b)   any relevant instrument under this Act.

Authorization of a conduct.

                
140.   (1)   A licensee may apply to the Commission, prior to engaging into any conduct which may be construed to have the purpose or the effect of substantially lessening competition in a communications market, for authorization of the conduct.

               

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