Electronic and Postal Communications (Competition)
G.N. No. 420 (contd)
supplier relationship.
PART III
SUBSTANTIAL LESSENING OF COMPETITION
Assessing
conducts which
constitute
substantial
lessening of
competition
7.
In assessing whether any conduct constitutes
substantial lessening of competition, the Authority shall consider
the following(a)
definition of the relevant market or market
segment;
(b) impact of the conduct on existing competitors in
the identified markets;
(c)
impact of the conduct on further market entry; and
(d) impact of the conduct on consumers, including the
availability and pricing of products and services.
Conduct
deemed to be
substantial to
lessening
competition
8. Subject to a licensee demonstrating otherwise in the
course of any inquiry or other procedure conducted by the
Authority, the following conducts or practices shall be deemed to
result in a substantial lessening of competition(a)
failing to supply interconnection or other essential
facilities to a competing licensee, in accordance
with any interconnection agreement between the
parties or any direction, rule or order issued by the
Authority, pursuant to the Act or the
Interconnection Regulations, except under
circumstances that are objectively justified based
on supply conditions, such as failure to supply,
based on a shortage of available facilities;
(b) discriminating in the provision of interconnection
or other communication services or facilities to
competing licensees, except under circumstances
that are objectively justified based on supply
conditions, such as discrimination based on
differences in the costs of supply;
(c)
bundling of communication services, whereby the
licensee in question requires, as a condition of
supplying a service to a competing licensee, that
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