Communications and Multimedia Act 1998 · s 138

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s 138Guidelines as to the meaning of “dominant position”

(1)

The Commission may publish guidelines which clarify how it will apply the test of “dominant position” to a licensee.

(2)

The guidelines may specify the matters which the Commission may take into account, including—

(a)

the relevant economic market;

(b)

global technology and commercial trends affecting market power;

(c)

the market share of the licensee;

(d)

the licensee’s power to make independent rate setting decisions;

(e)

the degree of product or service differentiation and sales promotion in the market; and

(f)

any other matters which the Commission is satisfied are relevant.