Competition Policy
Article 72
1. The General Secretariat shall issue a notice that establishes the standards and methodology applicable in
determining whether Significant Market Power exists in a particular market. The General Secretariat shall publish
the methodology on the website of the Supreme Council and may modify it from time to time.
2. The methodology may include the following elements and any other relevant factors which will be applied in
accordance with the criteria set out in the third paragraph of this Article:
a. Definition of the relevant telecommunications market or markets in terms of products and geographic scope.
b. Assessment of market power based on a review of the economic and behavioural characteristics of the relevant
market and an examination of the extent to which a service provider, acting alone or jointly with others, is in a
position to behave independently of customers or competitors.
3. The methodology may include the following criteria for assessing the degree of market power in a relevant
market:
a. Market share.
b. Absolute and relative size of the firm in the relevant market.
c. Degree of control of facilities and infrastructure that would be uneconomical for another person to develop in
order to provide services in the relevant market.
d. Economies of scope and scale.
e. Absence of countervailing buyer power, including customer churn characteristics.
f. Structural and strategic barriers to entry and expansion.
g. Any other factors relevant to evaluating the existence of market power in a particular market.
4. The methodology may also provide guidance on the parameters to be used for measuring market share number
of lines, number of minutes, revenues or other relevant metrics, and the General Secretariat may, for ease of
administration and in the absence of evidence to the contrary, deem that an individual service provider with a share
of more than forty (40) percent of the relevant market is a Dominant Service Provider.
Article 73
The General Secretariat shall undertake a baseline review of those telecommunications markets that it
determines should be examined as a matter of priority. In undertaking its assessment, the General Secretariat
shall rely on the best data available to it, and all market participants shall cooperate fully in furnishing
information requested by the General Secretariat in order to carry out its evaluation. Where true, complete
and accurate data is not available, the assessment may be based on reasonable estimates, proxies and
regulatory actions in comparable jurisdictions in the region.
Article 74
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