17. Anti-Competitive Bundling and Tying
Any Telecommunications Operator shall not engage in any tying or bundling practices
that have the purpose or effect of significantly lessening competition. Tying or bundling
practices that may have that effect, include, but are not limited to:
1) A Telecommunications Operator in market X, requiring, as a condition for supplying
X to another operator, who is a competitor in market Y, that the competitor
purchases another service it does not require, or does not want; or
2) A Telecommunications Operator in market X, offering to another operator, who is a
competitor in market Y, more favorable terms for buying X that are not justified by
cost, if it acquires another service not required by the competitor, with the intention
or effect, of raising the competitor’s costs.
18. Predatory Pricing
1) Any Telecommunications Operator shall not engage in any Predatory Pricing.
2) Any Telecommunications operator shall be deemed to have engaged in predatory
pricing if it deliberately incurs losses, or forego profits in the short term, with the
intention of foreclosing, or be likely to foreclose, a competitor or potential
competitor.
3) To assess whether a price is predatory, or likely to be predatory, the Authority shall
consider whether the price for the corresponding service, or service bundle, is below
cost. If a price is equal or above cost, then the price shall be deemed not predatory.
4) The Authority shall use the Telecommunications Operator’s current year costs, or
where available, regulatory accounting costs, subject to reasonable adjustments if
these are from a prior year, as the source of information to calculate the cost of a
service.
5) When investigating allegations of predatory pricing, the Authority shall use any of the
following cost modeling methods to establish the cost basis:
a)
Long‐run incremental cost (LRIC); or
b) Long‐run incremental cost plus (LRIC+), which allows for joint and common
costs.
19. Margin Squeeze
1) Any Telecommunications Operator shall not engage in Margin Squeeze.
2) A Telecommunications Operator shall be deemed to have engaged in Margin
Squeeze if it deliberately reduces the margin of profit available to a competitor that
requires a Wholesale Service, by increasing the price of the Wholesale Service
required by the competitor, or decreasing the price of the Retail Service in a market
where they compete, or both.
3) To assess whether a Margin Squeeze exist, or is likely to exist, the Authority shall
assess whether there is a positive margin between the retail price and the cost of
providing the Retail Service.
4) To calculate the cost of the Retail Service, the Authority shall take into account the
cost of the required or essential input purchased in the wholesale market, plus the
Downstream Retail Cost.
10
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos