Electronic and Postal Communications (Competition)
G.N. No. 420 (contd)
relating to the prohibition of(a)
anti-competitive agreements, arrangement or
decisions of concerted practices;
(b) abuse of dominant position;
(c)
anti-competitive
mergers,
acquisitions,
consolidations, takeovers, or such anti-competitive
arrangements that may result in changes in the
market structure in terms of ownership and
control; and
(d) all other practices and acts with an adverse effect
on fair competition including unfair methods of
competition, unfair or deceptive acts or practices,
the purpose or effect of which is to distort
competition in the communications market.
(2) A licensee shall not engage in any activity, whether
by act or omission, which has, is intended or is likely to have the
effect of unfairly preventing, restricting or distorting competition
where the act or omission is done in the course of or as a result of
or in connection with any business activity relating to
communication services.
(3)
For the avoidance of doubt, a licensee shall be
deemed to have engaged or to be engaged in an anti-competitive
act, if he, commits or omits an act that has an appreciable effect
on fair competition in the communications market.
Acts of unfair
competition
6.
An act or omission of a licensee with a dominant
position, whether independently or in any form of collusion with
others, shall constitute or amount to an abuse of its dominant
position where the act or omission involves:
(a)
price abuses or anti-competitive pricing like
predatory pricing, price squeezes, crosssubsidizations, price-discrimination or any form of
direct or indirect imposition of unfair purchasing,
selling prices or other unfair trading conditions;
(b) any conduct which exploits customers or suppliers
through excessively high prices or discriminatory
prices or terms, conditions or conducts which
removes or limits competition from existing
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