214
demonstrates that -
(a)
ns
the dominant licensee provides a communicatio
(b)
the
the price that the dominant licensee charges for
for
service or facility that is necessary, as an input,
e;
servic
n
atio
unic
another licensee to provide a comm
and
an
communications service or facility is so high that
ct
produ
its
sell
efficient competitor could not profitably
of
if it were required to recover the full purchase price
users.
the input through its charges to its end
imination if
A dominant licensee engages in unreasonable discr
(6)
has provided an affiliate
the evidence demonstrates that the dominant licensee
or information, necessary to
with access to infrastructure, systems, services
communications services, on
enable a non-affiliated licensee to provide a
than the prices, terms and
prices, terms or conditions that are more favourable
des those infrastructure, sysconditions on which the dominant licensee provi
are not affiliates, without any
tems, services or information to licensees that
objective justification.
ry refusal to deal
A dominant licensee engages in an exclusiona
(7)
licensee has refused to provide
if the evidence demonstrates that the dominant
structure, systems, services or
a non-affiliated licensee with access to infra
licensee to provide a cominformation necessary to enable the non-affiliated
n.
munications services, without any objective justificatio
A dominant licensee engages in tying
(8)
mer
strates that the dominant licensee required a custo
n
cations service that is subject to effective competitio
ct
purchase a communications service that is not subje
if the evidence demonto purchase a communiin order to be allowed to
to effective competition.
(9)
n to believe that a
In any case in which the Authority has reaso
(10)
that a dominant
In any case in which the Authority determines
itutes an abuse of domidominant licensee has engaged in conduct that const
tigation.
nant position, the Authority may conduct an inves
abuse of dominant position,
licensee has engaged in conduct that constitutes an
the Authority may -