of § 43 of this Act is not effectively competitive and imposition of the obligation of access and interconnection provided in subsection 1 of § 50 on a communications undertaking does not ensure competition, the Consumer Protection and Technical Regulatory Authority imposes on the undertaking designated as having significant market power in the relevant service market one or more obligations provided in subsections 2 and 21of this section. [RT I, 15.12.2021, 1 – entry into force 01.02.2022] (2) On the basis provided for in subsection 1 of this section, the Consumer Protection and Technical Regulatory Authority may require that an undertaking with significant market power avoid: [RT I 2007, 66, 408 – entry into force 01.01.2008] 1) applying excessively high prices; 2) preventing competitors from entering a market or restricting competition by applying excessively low prices; 3) showing undue preference to certain end-users; 4) linking the provided services to each other without reason such that, upon use of one service, a subscriber is also forced to use another service and pay for it. (21) In addition to the obligation specified in subsection 2 of this section, the Consumer Protection and Technical Regulatory Authority may establish a retail price cap, price control measures or measures to orient prices towards costs or prices on comparable markets in order to protect the interests of end-users and ensure efficient competition. [RT I, 15.12.2021, 1 – entry into force 01.02.2022] (3) The Consumer Protection and Technical Regulatory Authority may impose obligations not listed in subsections 2 and 21of this section only pursuant to the procedure provided in subsection 8 of § 481of this Act. [RT I, 15.12.2021, 1 – entry into force 01.02.2022] (4) If obligations are imposed on an undertaking with significant market power pursuant to this section, the undertaking with significant market power must use the necessary and appropriate methodology of cost accounting. The Consumer Protection and Technical Regulatory Authority has the right to determine the methodology of cost accounting and the reporting forms. [RT I 2007, 66, 408 – entry into force 01.01.2008] (5) The performance of the obligations imposed on an undertaking with significant market power on the basis of this section is verified each year by the Consumer Protection and Technical Regulatory Authority or, on the order of the Consumer Protection and Technical Regulatory Authority, by a qualified independent person. The Consumer Protection and Technical Regulatory Authority publishes a statement concerning compliance of an undertaking with significant market power with the obligations on its website once a year. [RT I, 15.12.2021, 1 – entry into force 01.02.2022] (6) Without prejudice to §§ 74 and 79 of this Act, the Consumer Protection and Technical Regulatory Authority does not apply the obligations specified in subsections 2 and 21of this section to the geographical markets or retail markets where competition is present. [RT I, 15.12.2021, 1 – entry into force 01.02.2022] § 55. Obligation to ensure functional separation on undertaking with significant market power (1) If, as a result of market analysis conducted pursuant to §§ 43–442of this Act, the Consumer Protection and Technical Regulatory Authority concludes that the appropriate obligations imposed on the basis of §§ 51–53 have failed to achieve effective competition and that there are important and persisting competition problems or market failures identified in relation to the market of wholesale provision of certain access products, the Consumer Protection and Technical Regulatory Authority may, as an exceptional measure, impose an obligation on vertically integrated undertakings to place activities related to the wholesale provision of relevant access products in an independently operating business entity. [RT I, 15.12.2021, 1 – entry into force 01.02.2022] (2) The independently operating business entity must supply access products and services to all undertakings, including to other business entities of the parent company, on the same timescales, terms and conditions, including those relating to price and service levels, and by means of the same systems and processes. (3) If the Consumer Protection and Technical Regulatory Authority intends to impose the obligation of functional separation, it submits such proposal to the European Commission, setting out: 1) evidence justifying the conclusions specified in subsection 1 of this section; 2) a reasoned assessment that there is no or little prospect of effective and sustainable infrastructure-based competition within reasonable time; [RT I, 15.12.2021, 1 – entry into force 01.02.2022] 3) an analysis of the expected impact of imposing the obligation of functional separation on the activities of the Consumer Protection and Technical Regulatory Authority and the undertaking, in particular on the workforce of the separated undertaking and the electronic communications sector as a whole; 4) an analysis of the impact of imposing the obligation on the motivation to invest in the sector as a whole, particularly with regard to the need to ensure social and territorial cohesion, as well as the accompanying impact Page 34 / 89 Electronic Communications Act