Electronic and Postal Communications (Competition) G.N. No. 420 (contd) supplier relationship. PART III SUBSTANTIAL LESSENING OF COMPETITION Assessing conducts which constitute substantial lessening of competition 7. In assessing whether any conduct constitutes substantial lessening of competition, the Authority shall consider the following(a) definition of the relevant market or market segment; (b) impact of the conduct on existing competitors in the identified markets; (c) impact of the conduct on further market entry; and (d) impact of the conduct on consumers, including the availability and pricing of products and services. Conduct deemed to be substantial to lessening competition 8. Subject to a licensee demonstrating otherwise in the course of any inquiry or other procedure conducted by the Authority, the following conducts or practices shall be deemed to result in a substantial lessening of competition(a) failing to supply interconnection or other essential facilities to a competing licensee, in accordance with any interconnection agreement between the parties or any direction, rule or order issued by the Authority, pursuant to the Act or the Interconnection Regulations, except under circumstances that are objectively justified based on supply conditions, such as failure to supply, based on a shortage of available facilities; (b) discriminating in the provision of interconnection or other communication services or facilities to competing licensees, except under circumstances that are objectively justified based on supply conditions, such as discrimination based on differences in the costs of supply; (c) bundling of communication services, whereby the licensee in question requires, as a condition of supplying a service to a competing licensee, that   74

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