(2)
28.
(h)
undertake market reviews from time to time, to evaluate market conditions
and the state of competition in those markets; and
(i)
dispose of complaints and resolve disputes related to anti-competitive
practices in a timely and impartial manner.
Wherever a conflict arises between the provisions of this Part VII and the provisions
of any other legislation regulating competition in telecommunications markets in
Liberia, the provisions of this Part VII shall prevail.
Abuse of Dominance
Dominant service providers are prohibited from undertaking activities or actions that
abuse their dominant position. The following types of actions and activities shall be
considered an abuse of dominant position:
(a)
failing to supply essential facilities to a competitor within a reasonable time
after a request and on reasonable conditions, or discriminating in the
provision of interconnection or other telecommunications services or
facilities to other service providers; except under circumstances that are
objectively justified based on differences in supply conditions, including
different costs or a shortage of available facilities or resources;
(b)
bundling of telecommunications services, whereby the service provider
requires, as a condition of supplying a service to a competitor, that the
competitor acquire another service that it does not require;
(c)
offering a competitor more favourable terms or conditions that are not
justified by cost differences if it acquires another service that it does not
require;
(d)
pre-emptively acquiring or securing scarce facilities or resources, including
rights of way, required by another service provider for the operation of its
business, with the effect of denying the use of the facilities or resources to the
other service provider;
(e)
supplying competitive telecommunications services at prices below long run
average incremental costs or such other cost standard as is established by the
LTA;
(f)
using revenues or the allocation of costs from one telecommunications
service to cross-subsidize a competitive telecommunications service with the
objective of lessening competition, except where such cross subsidy is
specifically approved by order of the LTA or by approval of tariffs for
relevant telecommunications services;
(g)
failing to comply with the interconnection obligations of a dominant service
provider that are specified in Part VIII of this Act;
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