g)
Improperly uses, as a dominant service provider, information supplied by a competitor,
for purposes related to the supply of products or services, in order to compete with such
competitors.
4.
The earlier designation of a service provider with significant market power shall not be a
pre-requisite for finding that a service provider is dominant in a telecommunications
market pursuant to this article.
5.
Subject to paragraph 4 of Article 19, the Authority may exempt a formal contract,
informal agreement or conduct from the prohibition provided for in paragraph 1 of this
article where such contract, agreement or conduct furthers the objective provided for in
article 2 of the present Decree-Law.
6.
A formal contract or informal agreement among two or more competing service providers
that provides for ownership, leasing of shared use of facilities shall not contravene
paragraph 1 of this article so long as its purpose is to improve efficiency or avoid
unnecessary duplication of costs, provided that the terms of such contract or agreement
do not unreasonably preclude sharing such facilities with other service providers on nondiscriminatory terms.
Article 35
Mergers and acquisitions
1.
Any interested person shall request the approval of the Authority before it acquires,
through merger or acquisition, an ownership interest in the capital of a company or any
assets of a company or of any other person which would result in, or be likely to result in,
the control or an increase in control over one or more service providers with:
a)
A combined share of over 25% of the revenues or subscribers in any given
telecommunications market; or
b)
Combined annual revenue exceeding $10 million (ten million United States dollars).
2.
Where such merger or acquisition would result in, or be likely to result in, a substantial
lessening of competition in any given telecommunications market, the Authority may:
a)
Refuse to grant approval; or
b)
Grant approval if the commitments undertaken by the person requesting approval are
adequate to address the concerns over competition raised by the merger or acquisition.
3.
The Authority may order the cancellation or reversal of a merger or acquisition which,
being subject to approval by the Authority pursuant to paragraph 1 of this article, such
approval has not been requested and the relevant merger or acquisition would result in a
substantial lessening of competition in any telecommunications market.
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