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(b)
preserve or enhance its dominant position by engaging
in conduct that deters or precludes efficient companies
from participating in the market by means other than
competing based on service availability, price and
quality.
A dominant licensee abuses its dominant position if the
(3)
Authority concludes that the dominant licensee engaged, or is engaging
, in -
(a)
predatory pricing;
(b)
price squeezing;
(c)
unreasonable discrimination;
(d)
exclusionary refusals to deal; or
©)
tying.
A dominant licensee engages in predatory pricing if the evi(4)
dence demonstrates that -
(a)
the dominant licensee is selling a communications
service at a price that is less than the average incremen-
tal cost of the service;
(b)
()
the dominant licensee’s sells at prices below average
incremental cost and have driven, or are likely to drive,
efficient rivals from the market or deter future efficient
rivals from entering the market; and
entry barriers are so significant that, after driving rivals
from the market or deterring entry, the dominant
licensee could impose an increase in prices sufficient
(in amount and duration) to enable the dominant licens-
ee to recoup the full amount of the loss that it incurred
during the period during which the predatory conduct
occurred,
(5)
A dominant licensee engages in a price squeeze if the evidence