of imposing, maintaining, amending or suppressing
obligations set forth in the present Act
(2) The Authority shall determine the relevant
markets by
(a) collecting information about each identified
market so as to measure the extent of
“significant market power;
(b) consulting the concerned information and
communications market players regarding
market relevance for the purpose of
analyzing those markets;
No. 4 of 2007
(c) seeking the advice of the Competition Com
mission established under the Competition
Act 2007;
(d) defining the criteria to measure the
significant market power; and
(e) consulting with the concerned information
and communications market players about
obligations to be imposed on operators
having significant market power.
(3) When conducting a market analysis, deciding
whether an operator has significant market power
and imposing obligations on it, the Authority shall
(a) take account of the relevant provisions of
international treaties and agreements; and
(b) ensure, within the scope of its competence,
compliance with and implementation of
those treaties and agreements in The
Gambia.
(4) Where the Authority determines that a relevant
market is not effectively competitive, it shall identify
undertakings having significant market power in
that market and impose appropriate and specific
regulatory obligations, or maintain or amend the
obligations where they already exist.
69