No. 34

Communications

Fair Trading Commission and within twelve months of the
commencement of this Act, issue rules defining the criteria to be
used when determining a dominant position in a relevant market.

33

(3) A licensee shall be deemed as holding a dominant position in
a relevant market if the licensee__
(a) holds a large market share;
(b) has control of essential facilities;
(c) is involved in a vertical relationship that could harm
competition in the market applicable to the particular category of
licence as determined by the Authority; or
(d) any other factors as determined by the Authority.

(4) The Authority shall deem a licensee as holding a dominant
position in a given relevant communications service market for a
given calendar year where, in its opinion, the licensee may, acting
alone, be able to profitably and materially restrain or reduce competition within the relevant communications service market and
during the calendar year concerned.

(5) The Authority shall deem licensees as holding a joint
dominant position in a given relevant communications service
market for a given calendar year where, in its opinion, the licensees
may, acting jointly, and in particular because of factors giving
rise to a connection between the licensees, be able to adopt a
common policy on the market and act, to a considerable extent,
independently of their competitors and customers, within the
relevant communications service market and during the calendar
year concerned.

(6) The Authority may, by giving notice of not less than twenty
eight days and published in the Gazette, amend, for the remainder
of a calendar year concerned, any list published pursuant to
subsection (1).

58. The Authority shall require any licensee found to be a
dominant market player to__
(a) publicly make available information regarding interconnection, access and infrastructure sharing;
(b) submit to the Authority its technical and price offers with
respect to interconnection, access and infrastructure sharing by
such a date as the Authority may determine;
(c) modify any offers submitted under paragraph (b) in order to
make the offers compliant with this Act;
(d) have a separate account for interconnection, access and
infrastructure sharing costs and fees, and any other business

Obligations
for dominant
market
players

Select target paragraph3