52 No. 3
Prohibition
on entering
into
collusive
agreements
Electronic and Postal Communications
2010
64. A licensee shall not enter into any understanding,
agreement or arrangement, whether legally enforceable or not,
which provides for (a)
(b)
(c)
(d)
rate fixing;
market sharing;
boycott of a supplier of apparatus; or
boycott of another competitor.
Prohibition
on tying or
linking
arrangements
65. A licensee shall not, at any time or in any
circumstances, make it a condition for the provision or supply of a
product or service in a communications market that the person
acquiring product or service in the communications market is also
required to acquire or not to acquire any other product or service
either from himself or from another person.
Guidelines
as to the
meaning of
“dominant
position”
66.(1) Subject to the provisions of this Act the Authority
may publish guidelines for determination of a dominant licensees.
(2) The guidelines may specify the matters which the
Authority 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 Authority deems fit.
(3) Where the conduct of a dominant licensee has the effect
or may have the effect of substantially lessening competition the
Authority may make an order requiring the dominant licensee to(a) cease the said conduct;
(b) impose a fine; and
(c) impose any other appropriate remedy.