24
Government Gazette 16 November 2009
Act No. 8, 2009
No. 4378
COMMUNICATIONS ACT, 2009
CHAPTER IV
PROMOTION OF COMPETITION
Anti-competitive practices
33.
(1)
Any practice or activity that has the object or effect of preventing,
restricting or distorting competition in a market for the supply of telecommunications or
broadcasting services or any product or service used in connection with these services is
prohibited.
(2)
Any abuse of individual or collective dominant position by one or more
persons in a market for the supply of telecommunications or broadcasting services or
any product used in connection with these services is prohibited.
(3)
The Authority may review any proposed acquisition of an interest
conferring control in competing providers of telecommunications or broadcasting
services, and any proposed major transaction between such providers and their
affiliates for conformance with this Act and to ensure that the transaction will result in
no reduction in competitive markets not offset by sufficient benefits to the public (as
measured by the objects of this Act).
(4)
The Authority may impose conditions before or after such acquisitions
or transactions to maintain competitive telecommunications or broadcasting markets.
(5)
Any agreements determined by the Authority to be anti-competitive
will be automatically null and void.
(6)
Any restrictive practice or activity whose pro-competitive effects
outweigh its anti-competitive effects is deemed not to infringe the provisions of this
section.
(7)
Sharing of directors and officers among otherwise unaffiliated
providers of telecommunications or broadcasting services without the approval of the
Authority is prohibited.
Jurisdiction of Authority
34.
(1)
The Authority must, in the performance of its functions under
this Act, promote, develop and enforce fair competition and equality of treatment
among all providers of telecommunications and broadcasting services and users of such
services.
(2)
Subject to an agreement concluded in terms of section 67 of the
Competition Act, 2003 (Act No. 2 of 2003), the Authority has jurisdiction to investigate,
enforce and authorise any breach of the competition rules contained in section 33, on
its own initiative or upon request by any person affected by the anti-competitive action
concerned.
Transfer of control of licensees and assignment of licences
35.
(1)
No telecommunications service licence or broadcasting licence
may be assigned by any person, and control of any person holding such a licence may
not be transferred without the prior consent of the Authority, which consent may be
given if the Authority finds that the transfer or assignment would not be prejudicial to
the objects of this Act.