PART TWO
ROLE OF THE AUTHORITY
5. Role of The Authority
1) The Authority shall:
a) Provide a high degree of certainty on the standards and procedures to define
relevant markets, designate operators with SMP, investigate and decide on
allegations of an operator’s anti‐competitive conduct or practices, and review
and decide on mergers and acquisitions affecting Telecommunications
Operators;
b) Perform a Market Review every three (3) years;
c) Monitor competition in Telecommunication Services, and from time to time,
define relevant markets, and designate operators with Significant Market Power
in those markets;
d) Review and decide on Mergers and Acquisitions Notifications affecting
Telecommunications Operators;
e) Endeavor to maintain or enhance, competition in Telecommunications Services.
2) The Authority may:
a) Intervene on its own motion, or in response to a petition filed by an interested
party, to investigate whether a Telecommunications Operator has engaged in any
conduct or practice that has the purpose or effect, of substantially lessening
competition in a market for Telecommunications Services;
b) As a consequence of a Market Review proceeding, or from an investigation of
an operator’s alleged anti‐competitive conduct or practice, or if required, as a
consequence of a review of a Mergers and Acquisitions Notification, impose
remedies or sanctions on operators, with the intention of preserving
competition, or preventing operators from engaging in anti‐competitive conduct
or practices.
PART THREE
RELEVANT MARKET AND MARKET REVIEW
6. Determination of Relevant Markets
1)
The Authority may define relevant markets for Telecommunications Services if:
a) It decides to intervene, on its own motion, or in response to a petition filed by
any interested party, to initiate a Market Review to identify markets susceptible
to regulation, identify operators with SMP in those markets, and if applicable,
impose obligations on those operators; or,
b) It decides to intervene, on its own motion, or in response to a petition filed by
any interested party, to investigate whether an operator has engaged in conduct
or practice that has the purpose or effect, of substantially lessening competition
in a market for Telecommunications Services; or,
c) In response to a Merger and Acquisitions Notification, the Authority decides to
initiate a regulatory proceeding to determine whether the proposed merger or
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