s.70Abuse of dominant position
70
Section 70Part 12 — Anti-competitive practices

Abuse of dominant position

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70. (1) Any conduct on the part of one or more sectoral providers which amounts to the abuse of a dominant position in a market or sector for which the Office has responsibility is prohibited but an authorisation holder shall be entitled to protect its legitimate business interests subject to this Act and any other relevant Law.
The conduct referred to in subsection (1) may, in particular, constitute such an abuse if it consists in — Section 71 Utility Regulation and Competition Act (2024 Revision) Page 50 Revised as at 31st December, 2023 c
directly or indirectly imposing unfair purchase or selling prices or other unfair trading conditions;
limiting production, markets or technical development to the prejudice of subscribers;
applying dissimilar conditions to equivalent transactions with other parties, thereby placing them at a competitive disadvantage, unless otherwise approved or exempted by the Office;
making the conclusion of contracts subject to acceptance by the other parties of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject of the contracts; and
using revenues attributed to a particular service or activity to cross subsidise unfairly or affect competition for another service or activity.
A sectoral provider which is in a dominant position shall be deemed to have significant market power.
In this section — “dominant position” means a dominant position within the Islands.

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