Section 44Part 7 — Significant market power
Office's power to determine that a sectoral provider has significant market power
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The Office may at any time determine that a sectoral provider has significant market power in a relevant market.
The Office shall establish and publish criteria —
relating to the definition of relevant markets in the respective sectors; and
against which market power may be assessed, for the purpose of making a determination under subsection (1).
The Office's criteria referred to in subsection (2) shall include references to —
the sectoral provider's market share;
the sectoral provider's ability to influence market conditions;
the sectoral provider's access to financial resources;
the sectoral provider's experience in providing products to the market; and
any other criteria considered relevant by the Office.
Without prejudice to subsection (1), sectoral providers shall be deemed to have significant market power in the termination of utility services on their own networks, unless the Office determines otherwise.
Defined Terms
significant market powersectoral providerrelevant marketOffice
Referenced By
- Section 2 — Interpretation
section 44(1) - significant market power licensee
- Section 13 — Interconnection agreements
section 44 of the Utility Regulation and Competition Law (2019 Revision)