(5) If the analysis shows the market to be compe
titive, 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;
growth
on
the
(c) 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;
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