992
PART 17
Fair Competition and Equality of Treatment
Violations of fair competition
118. (1) The Authority, in its discretion or upon the registration of a complaint, may investigate any
telecommunication services provider or operator alleged to have committed any act or omission, or to have
engaged in a practice in breach of the principles of fair competition or equal access.
(2) Any person having a complaint regarding a breach of fair competition or equal access against any
telecommunication services provider or operator shall lodge a complaint at the Authority.
(3) The Authority shall, if it appears that a breach of competition or equal access has been committed,
investigate the act or omission and give written notice to the telecommunication services provider or
operator stating:
(a)
that the Authority is investigating a possible breach of fair competition or equal access;
(b)
the reasons for the suspicion of a contravention or breach, including any matter of facts or
law, which are relevant to the investigation;��
(c)
further information required from the telecommunication services provider or operator in
order to complete the investigations; and
(d)
where appropriate the steps to be taken in order to remedy the breach.
(4) The telecommunication services provider or operator may, within 30 days from the date of the notice,
make representations in response to the notice and provide the Authority with all information required under
the notice Contemplated in subrule (3).
(5) Any person affected by the contravention or breach of fair competition or equal access may make a
representation to the Authority in relation thereto.
(6) The Authority shall, after considering any representations of the telecommunication services provider or
operator or any other person, fix a date on which to make a decision on the matter.
(7)The Authority may, upon satisfaction that a telecommunication services provider or operator is competing
unfairly issue an order:
(a)
requiring the telecommunication services provider or operator to cease and desist from the
activity found to constitute the unfair competition or failure to provide equal access;
(b)
requiring the telecommunication services provider or operator to take remedial action to
remedy the unfair competition or failure to provide equal access;
(c)
requiring the telecommunication services provider or operator to pay a fine not exceeding
the equivalent of M 500,000 for every month or part thereof during which the contravention
of the fair competition rules continues; and
(d)
declaring any anticompetitive agreements or contracts null and void.
(8) The provisions of subrules (I) to (7), do not affect the right of a person to take any other action against
the telecommunication services provider or operator under applicable Lesotho Law.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents