No. 3 Electronic and Postal Communications (a) (b) (c) 2010 49 eliminating or substantially damaging another licensee in the market in which it operates or in any other market; preventing the entry of any other person in that market or any other market; and deterring any other licensee from engaging in competitive conduct in that or any other market. (2) A dominant licensee shall not discriminate between persons who acquire or make use of electronic communication service in the market in which he operates in relation to (a) any fees or charge for the service provided; (b) the quality of service provided; or (c) any form or condition on which the service is provided; (3) Nothing in sub-section (2)(a) shall prevent a dominant licensee from making a reasonable allowance, subject to the approval of the Authority, for the cost of providing an electronic and postal services where the difference results from (a) different quantities in which the service is supplied; (b) different transmission capacities needed for the supply of the service; (c) different places from, or to which the service is provided; (d) different periods for which the service is provided; (e) different performance characteristics of the service provided; or (f) doing an act in good faith to meet a price or benefit offered by a competitor; (4) Where it appears to the Authority that a dominant licensee telecommunications systems provider is taking or intends taking any action which has or is likely to have the effect of giving an undue preference to or causing undue discrimination against any person or category of persons, the Authority may, after giving the dominant licensee concerned an opportunity to be heard, direct the

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