4.
The Authority may establish procedures, rules and guidelines specifying the content of
such notifications and any requirements, procedures and conditions related to the
approval of a merger or acquisition described in paragraph 1 of this article.
5.
An approval or refusal pursuant to this article shall be subject to paragraph 4 of article 19.
CHAPTER VII
SIGNIFICANT MARKET POWER
Article 36
Significant market power and market review
1.
Subject to paragraph 3 of this article, the Authority shall at least every two years review
the relevant telecommunications markets listed in Annex 2 of the present Decree-Law,
following which it may:
a)
Designate any service provider as having significant market power in accordance with
paragraph 3 of this article in the relevant telecommunications market or markets
reviewed; and
b)
Remove the significant market power designation from a given service provider in a
relevant telecommunications market.
2.
The Authority may add new or remove existing relevant telecommunications markets to
or from the list in Annex 2.
3.
The Authority may designate a service provider as having significant market power in a
telecommunications market if the service provider, individually or together with others,
enjoys a position of economic strength enabling it to behave to an appreciable extent
independently of competitors and users in that telecommunications market.
4.
In conducting any review pursuant to paragraph 1 of this article, the Authority shall
review such markets taking into account:
a)
Existing competition, including market shares of relevant service providers and barriers
to their expansion;
b)
Potential competition, including the market quotas of the relevant service providers and
the barriers to its expansion;
c)
The bargaining power of consumers and/or users; and
d)
The evolution of effective competition in Timor-Leste and other countries, including,
without limitation, those comparable to Timor-Leste in terms of population, geography,
income and other relevant features.
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