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.

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