PART FIVE ASSESSING MARKET POWER 12. Assessing Market Power 1) When assessing whether an operator has Significant Market Power, the Authority shall assess whether an operator has a position of economic strength and the ability to materially affect the price or supply in the relevant market for communications service as a result of either control over essential facilities or use of a Person’s position in the market. 2) When assessing whether an operator has SMP, the Authority shall consider, but shall not be limited to, the following criteria, which taken together, may strongly suggest the existence of SMP: a) Market share of the service provider: When an operator holds more than forty percent (40%) market share in the relevant market, the Authority may presume that such operator holds SMP, unless other criteria listed in this sub-section suggests otherwise. b) Control of essential facilities or resource; c) Economies of scale and scope; d) Technological advantages or superiority; e) Absence of or low countervailing buying power; f) Barriers to entry or expansion; g) Access to financial resources; h) Experience in product and service diversification; i) A highly developed distribution and sales network; j) Existence of Vertical Integration; and, k) Existence of sunk costs. 3) The Authority may designate operators as jointly SMP, when two or more Operators which individually would not be declared SMP, behave as if they were one SMP Operator. PART SIX ANTI-COMPETITIVE PRACTICES 13. Anti‐Competitive Practices 1) A Telecommunications Operator shall not engage in any conduct that has the purpose or effect of substantially lessening competition in any telecommunications market. 2) A Telecommunications Operator shall not enter into any agreement or arrangement with another person that has the purpose or effect of substantially lessening competition in any telecommunications market. 3) The following Horizontal Agreements or concerted practices shall be prohibited, when they have the purpose or effect of substantially lessening competition: a) To fix a price or a non‐price term of a service; or 8