28 ineffective competition, and if any licensee has significant market power in such markets or market segments. The regulations must, among other things— (a) [define and identify the retail or] define relevant wholesale and retail markets or market segments [in which it intends to impose pro-competitive measures in cases where such markets are found to have ineffective competition]; (b) [set out the methodology to be used to determine the effectiveness of] determine whether there is effective competition in [such] those relevant markets [or] and market segments[, taking into account subsection (8)]; (c) [set out the pro-competitive measures the Authority may impose in order to remedy the perceived market failure in the] determine which, if any, licensees have significant market power in those markets [or] and market segments [found to have] where there is ineffective competition [taking into account subsection (7)]; (d) [declare licensees in the relevant market or market segments, as applicable, that have significant market power, as determined in accordance with subsection (6), and the] impose appropriate pro-competitive licence conditions [applicable to each such licensee] on those licensees having significant market power to remedy the market failure; (e) set out a schedule in terms of which the Authority will undertake periodic review of the markets and market segments, taking into account subsection (9) and the determination in respect of the effectiveness of competition and application of pro-competitive measures in those markets; and (f) provide for monitoring and investigation of anti-competitive behaviour in the relevant market and market segments.’’; (c) by the insertion after subsection (4) of the following subsections: ‘‘(4A) When determining whether there is effective competition in markets and market segments, the Authority must consider, among other things— (a) the non-transitory (structural, legal, and regulatory) entry barriers to the applicable markets or market segments; and (b) the dynamic character and functioning of the markets or market segments, including an assessment of relative market share of the various licensees or providers of exempt services in the markets or market segments, and a forward looking assessment of the relative market power of the licensees in the markets or market segments. (4B) Subject to section 4D of the ICASA Act, licensees must provide to the Authority any information specified by the Authority in order that the Authority may carry out its duties in terms of this section.’’; (d) by the substitution for subsection (5) of the following subsection: ‘‘(5) A licensee has significant market power [with regard to the relevant] in a market or market segment [where the Authority finds that the particular individual licensee or class] if that licensee— (a) is dominant; (b) has control of an essential [facilities] facility; or (c) has a vertical relationship that the Authority determines could harm competition [in the market or market segments applicable to the particular category of licence].’’; (e) by the deletion of subsection (6); (f) by the substitution for subsection (7) of the following subsection: ‘‘(7) Pro-competitive licence terms and conditions may include but are not limited to— (a) obligations in respect of interconnection and facilities leasing in addition to those provided for in Chapters 7 and 8 and any regulations made in terms thereof; 5 10 15 20 25 30 35 40 45 50 55 60