2.
A contract or an agreement may be deemed to infringe the preceding paragraph if it:
a)
Consists in arrangements between or among service providers to fix their prices or other
conditions of trading;
b)
Provides for service providers to share or allocate between or among them
telecommunications markets or sources of supply or otherwise not to compete in certain
areas or over certain customers or customer groups; or
c)
Unduly prevents a supplier of products, services or resources inside or outside of TimorLeste from providing products, services or resources that are essential for the provision of
telecommunications services by other service providers.
3.
A service provider may be deemed to have engaged in conduct that infringes paragraph 1
of this article where it:
a)
Supplies, without a verifiable justification, a telecommunications service at prices below
cost for a sustained period of time such that competitors are reasonably likely to leave or
be deterred from entering the market;
b)
Holds an essential ‘upstream’ input on which competitors depend to provide a related
product in a ‘downstream’ telecommunications market, and charges such competitors a
price for the use of such infrastructure resulting in a margin between the upstream cost
and the price for downstream customers that prevents a service provider from competing
effectively;
c)
Makes the execution of contracts for products and/or services, in a telecommunications
market in which it has a dominant position, conditional upon the acceptance of
supplementary obligations which, by their nature or according to commercial usage, have
no connection with the subject of such contracts, without any objective justification for
imposing such conditions;
d)
Bundles a product or service with a product or service in a telecommunications market in
which it is dominant in a manner that provides an implicit discount or any other benefit in
respect of the former product or service that cannot practicably be replicated by other
service providers;
e)
Refuses without objective justification to supply to other service providers, on reasonable
terms and conditions, a product, service or resource that is essential for such service
providers to provide telecommunications services and that, for technical, legal, economic
or other reasons, such service providers cannot practicably produce or supply;
f)
Prevents, without objective justification, customers from moving to other service
providers, in a telecommunications market in which it is dominant, by requiring
excessive exit payments for the termination of contracts or excessively long contracts or
other similar means; or
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