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The obligations referred to in subsection 1 shall be in correct proportion to the aim being
addressed, and in imposing them, the following in particular shall be taken into account:
1) the appropriateness of access rights in technical and economic terms, taking into account
the degree of development of the markets and the type of access rights;
2) feasibility of the access rights, taking into account the capacity available;
3) the requirements concerning data protection and information security;
4) the investment made and risks taken by the operator with significant market power;
5) the need to safeguard competition in the long term;
6) relevant industrial property rights and copyrights;
7) the provision of services at European level.
In its decision regarding significant market power, Ficora shall assess the impact the
obligations imposed on the operator will have on the markets.
Ficora shall amend a decision referred to in subsection 1 if significant changes occur in the
matters referred to in subsections 1 or 2 or in the competitive situation in the markets.
Section 54
Obligations imposed on an operator with significant market power in a retail market
If Ficora, following a market analysis, finds that no competition exists in that defined retail
market and that the obligations imposed on an operator with significant market power in the
wholesale market do not sufficiently promote competition in the retail market, , Ficora shall
impose, in order to secure efficient competition, by decision and where necessary, additional
obligations referred to in subsection 2 on the retail market operator with significant market
power.
In order to achieve the aim referred to in subsection 1, Ficora may order that an operator
with significant market power operating in a retail market:
1) may not charge unreasonable prices;
2) may not prevent access to the market or restrict competition by unjustifiably low pricing;
3) may not favour certain users in an unwarranted manner;
4) may not tie a specific product or service to other products or services.
Any additional obligation imposed shall be in correct proportion to the aim being addressed.
Ficora shall amend a decision referred to in subsection 1 if there are significant changes in
the competitive situation in the market.
Section 55
Obligations imposed on an operator other than with significant market power
By a decision, Ficora may impose on a telecommunications operator or an undertaking
referred to in section 57(2) an obligation to relinquish access rights referred to in section 57 or
an interconnection obligation referred to in section 62, as well as other obligations related to
relinquishing of access rights and interconnection referred to in sections 67−69, 72 and 74.
The imposition on the obligations can be based on other reasons than significant market power
provided they meet the requirements laid down later in the Act.
The obligations imposed shall be unbiased, fair, proportionate and non-discriminatory.
Ficora shall amend a decision referred to in subsection 1 if significant changes occur in the
circumstances that required the obligation to be imposed.
Chapter 8