g) designing or installing a communications facility or communications network with the purpose of preventing or hindering another licensee from acquiring interconnection or access. (G3) Without limiting subsection (1), an arrangement between two or more licensees has the effect or likely effect of reducing competition in a communications market if it directly or indirectly— a) fixes the prices or other conditions for the supply of a communications service or access service; b) apportions, shares or allocates a communications market or markets among themselves or other licensees; or c) prevents, restricts or limits the supply or acquisition of a communications service or access service to or from a person or class of persons. The Commission may exempt a conduct from the prohibition in subsection (1) if the Commission is satisfied that the conduct— (4) 6) a) will or is likely to create efficiencies for the supply of communications services b) will not eliminate competition in respect of a substantial part of such communications services. which are greater than any potential detriments; and Notwithstanding this section, anti-competitive conduct does not include an arrangement among licensees for an interconnection and access agreement pursuant to Part V of this Act provided that— a) b) the terms of such an arrangement do not preclude similar arrangements with other licensees on non-discriminatory terms; and such arrangements do not preclude efficiencies that would likely result from licensees acquiring and using such facilities separately. Contravention of competition provisions 49. If the Commission considers that a licensee is engaging in anti-competitive conduct, it may serve a notice of contravention on the licensee specifying the conduct that the Commission deems to be in contravention of this Act and requiring the licensee to cease that conduct and pay the specified penalty. (1) (2). A licensee specified in the notice under subsection (1) shall comply with the notice (3) A licensee specified in a notice issued under subsection (1) may apply for a rehearing (4) within such time period and on such conditions as is specified in the notice. under section seeking relief setting the notice aside or varying any conditions specified in the notice. The penalty specified in a notice under subsection (1) shall not exceed three times the estimated gain derived from the conduct or 10% of the annual revenue derived from the licensed activities whichever is the greater. (5) Ifa licensee complies with subsection (2) in relation to a notice served under subsection (1), the Commission shall not take enforcement action under Part IV or Part XIII of this Act in respect of the conduct specified in that notice. 25