(5) If the analysis shows the market to be competitive, the Authority shall abolish any existing obligations. Determination of significant market power 49. (1) For the purposes of this Act, an operator is deemed to have significant market power if, either individually or jointly with others, it enjoys a position equivalent to dominance, that is, a position of economic strength affording it the power to behave to an appreciable extent independently of competitors, customers and consumers. (2) The Authority may consider that two or more operators have joint significant market power if, even in the absence of structural or other links between them, they operate in a market whose structure is considered to be conducive to coordinated effects. (3) The Authority shall, in its assessment, use criteria based on specific market characteristics, in particular in terms of market concentration and transparency, giving weight, to the following factors(a) fully developed market; (b) stagnant or moderate demand side; (c) growth on the low elasticity of demand; (d) homogeneous products; (e) similar cost structures; (f) similar market shares; (g) lack of technical innovation developed technology; or fully (h) absence of excess capacity; (i) high barriers to entry; (j) lack of countervailing buying power; 70

Select target paragraph3