a Telecommunications Network, providing a Telecommunications
service or in connection with any such matter.
b) The act or omission referred to in the preceding paragraph mean the
following:
1) Abuse by the Licensed Operator, either independently or with others,
of a Dominant Position in the market or in a substantial part of it
which materially prevents or limits competition in an unfair manner.
2) Conclude
any
agreement,
enter
into
any
arrangement
or
understanding or undertaking any concerted practice with any other
Person which materially prevents, restricts or distorts competition in
the market.
3) Cause anti-competitive changes in the market structure, in particular
anti-
competitive
mergers
and
acquisitions
in
the
Telecommunications sector.
c) The restrictions provided for in subparagraph (2) of paragraph (b) of this
Article shall not apply to any act or omission if it results in improving the
provision of any goods or services or promoting technical or economic
progress in the Kingdom if the Subscribers and Users have a reasonable
share of the resulting benefit, provided that:
1) No restrictions other than those indispensable to attaining such
objectives shall be imposed on Subscribers and Users.
2) The act or omission shall not substantially reduce competition in the
market for the relevant goods or services.
d) The Authority shall, when determining whether an act or omission
(whether ongoing or temporary) constitutes anti-competitive conduct,
have regard to the provisions of this Law and to the conditions of the
License of the Telecommunications operator.
e) Before issuing a determination in accordance with the provision of the
preceding paragraph, the Authority shall notify the Licensed Operator of
the following:
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