(d) supply-side substitutability to determine the extent to which suppliers are able to supply other communications products or services in place of the communications products or services subject to consideration at low cost; (e) any other factor or issues which is in the opinion of the Commission relevant. 7. Dominant market position. (1) The Commission may from time to time develop and publish, in the Kenya Gazette, guidelines to be followed when determining whether a licensee in a dominant market position in a specific communications market. (2) The criteria shall among others include— (a) the degree of market concentration or the market share of the licensee, determined by reference to revenues, numbers of subscribers or volumes of sales; (b) the degree to which a licensee’s prices vary over time; (c) the ability of the licensee to maintain or erect barriers to entry to the market, including, by means of control of essential facilities, access to superior technology, privileged access to resources or capital markets or superior buying or negotiating position, amongst others; (d) the ability of the licensee to earn supernormal profits; (e) the global technology and commercial trends affecting market power; (f) the licensee’s power to make independent rate setting decisions; (g) the degree of product or service differentiation and sales promotion in the market; and (h) any other matters which the Commission may consider relevant. (3) A licensee shall be in a dominant market position if (a) it has the ability to materially raise prices without suffering a commensurate loss in service demand to other licensees;