PART EIGHT
REMEDIES AND SANCTIONS
26. Remedies and Sanctions
1) Pursuant to Article 52 (5) of the Proclamation, remedies or sanctions imposed by the
Authority on authorized providers of Telecommunications Services shall be
proportionate, non‐discriminatory, and transparent.
2) Where the Authority finds that, as a consequence of a Market Review, a
Telecommunications Operator has been found to have Significant Market Power in a
relevant market, in accordance with Articles 6 through 12 of this Directive, the
Authority may impose obligations or remedies on such operator, pursuant to the
Proclamation, this Directive, or any applicable Directive adopted by the Authority.
3) Where the Authority finds that a Telecommunications Operator has engaged in any
anti‐competitive practice, in accordance with Article 13 and the procedure
established in Article 20 of this Directive, the Authority may consider imposing the
following remedies and sanctions:
a) Ordering the Telecommunications Operator to refrain from such conduct in the
future; or,
b) Imposing fines or restitution; or,
c) Suspension or revocation of a license;
4) Where the Authority finds that an SMP Operator has engaged in any practice
deemed an abuse of market dominance in accordance with Article 14 through 19 and
the procedure established in Article 20 of this Directive, the Authority may consider
imposing the following remedies and sanctions:
a) Ordering the Telecommunications Operator to refrain from such conduct in the
future; and
b) Imposing fines or restitution; or
c) Suspension or revocation of a license.
5) Where the Authority finds that as a consequence of a Mergers and Acquisitions
Notification review in accordance with Article 16 of this Directive, the proposed
transaction may be approved, under the condition that the parties to the transaction
comply with certain obligations or remedies aimed at diminishing the likely adverse
effect of the proposed transaction on competition for Telecommunications Services,
the Authority may consider imposing the following conditions:
a) That a party to the transaction, sells or divests, in part or in whole, assets, and or
equity interests it owns or controls, to a non‐affiliated party; or
b) That the post‐merger authorized provider of Telecommunications Services, be
deemed to have Significant Market Power in a relevant market, and be subject to
certain obligations determined by the Authority; or
c) Any other condition that the Authority may deem appropriate.
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