PART IV – ENSURING FAIR COMPETITION Fair competition No. 4 of 2007 46. (1) Notwithstanding the Competition Act, 2007, but without prejudice to section 13 of the Regulatory Authority Act, the Minister and the Authority shall, in the performance of their duties under this Act and regulations made under it, promote, develop and enforce fair competition and equality of treatment among all licensees in any business or service relating to telecom-munication information and communications. (2) An act of unfair competition includes(a) an abuse by a licensee, pendently or with others, of market power which unfairly limits competition between the any other person; either indea significant excludes or licensee and (b) entering into an agreement or engaging in a concerted practice with any other party, which unfairly prevents, restricts or distorts competition; (c) the perpetuation of anti-competitive changes in the market structure in and, in particular, anti-competitive mergers and acquisitions in the communications sector; and (d) any other practice or act which is prohibited under any other written law. Market analysis 47. (1) The Authority is charged with- (a) defining the relevant markets of products and services within the information and communications sectors, including the relevant geographic markets, in accordance with the principles of this Act; and (b) carrying out an analysis of the relevant markets. 67

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