PART IV – ENSURING FAIR COMPETITION
Fair com
petition
No. 4 of 2007
46. (1) Notwithstanding the Competition Act, 2007,
but without prejudice to section 13 of the
Regulatory Authority Act, the Minister and the
Authority shall, in the performance of their duties
under this Act and regulations made under it,
promote, develop and enforce fair competition and
equality of treatment among all licensees in any
business or service relating to telecom-munication
information and communications.
(2) An act of unfair competition includes
(a) an abuse by a licensee,
pendently or with others, of
market power which unfairly
limits competition between the
any other person;
either inde
a significant
excludes or
licensee and
(b) entering into an agreement or engaging in a
concerted practice with any other party,
which unfairly prevents, restricts or distorts
competition;
(c) the
perpetuation
of
anti-competitive
changes in the market structure in and, in
particular, anti-competitive mergers and
acquisitions in the communications sector;
and
(d) any other practice or act which is prohibited
under any other written law.
Market analysis
47. (1) The Authority is charged with
(a) defining the relevant markets of products
and services within the information and
communications sectors, including the
relevant geographic markets, in accordance
with the principles of this Act; and
(b) carrying out an analysis of the relevant
markets.
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