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Part IX · General Competition Practices

43. Guidelines as to the meaning of “dominant position”

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(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 promotion of competition against the provision of quality services throughout Malaysia;

(b)

the postal market;

(c)

global technology and commercial trends affecting market power;

(d)

the market share of the licensee;

(e)

the power to make independent rate setting decisions by the licensee;

Laws of Malaysia ACT 741

38

(f)

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

(g)

any other matters which the Commission is satisfied are relevant.

The Commission may direct a licensee in a dominant position

Report

Part X

Consumer Protection

Part XI

Postcode and Addressing System and Postal Identifiers

Part XII

Powers and Procedures of the Malaysian Communications and Multimedia Commission

Chapter 1

Chapter 2

Chapter 3

Part XIII

Offences and Penalties

Part XIV

Information Gathering Powers and Enforcement Provisions

Part XV

General

Part XVI

National Interest Matters

Part XVII

Savings and Transitional

Schedules