It shall consult with the
Competition Authority as appropriate.
Article 17
Market analysis
PTA shall, having regard to Article 16, analyse relevant markets taking into consideration obligations
under the Agreement on a European Economic Area (EEA).
Where appropriate, it shall co-operate with the Competition Authority in preparing such analysis.
The analysing of markets shall provide a basis for decisions as to whether PTA shall place, maintain,
amend or cancel obligations on undertakings with signi-ficant market power, as referred to in Article 18.
Where competition is effective no
obligations shall be placed on undertakings on these markets. If there is no effective competition in the
market concerned, undertakings with significant market power in this market shall be designated as
provided for in Article 18. They may be subjected to obligations as provided for in this Act, or such
obligations which have already been
imposed may be maintained or amended.
Article 18
Significant market power
An undertaking shall be deemed to have significant market power if it, either individually or jointly with
others, holds a position of economic strength on a certain market which enables it to prevent effective
competition and to operate to a sub-stantial extent without concern for competitors, customers and
consumers.
Where an undertaking either individually or jointly with others holds significant market power on a certain
market it may also be deemed to have significant market power on a related market where the links
between the two markets
are such as to allow the market power held in one market to be used to strengthen market power on the
other.
The Minister of Communications may issue a Regulation on detailed market breakdown as referred to in
Article 16, on definition of market situations, and on the yardsticks to be used in assessing whether
undertakings, individually or jointly, hold significant market power as provided for in this Article.
CHAPTER VI
Universal service and specific electronic communications services
Article 19
Right to universal service
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