Communications
2003 No. 19
A 321
(c) the quality of services ;
(d) industry statistics generally including but not limited to service
provisioning, traffic patterns, industry operators, etc. ;
(e) the tariff rates and charges paid by consumers for services ;
(f) the development of industry self-regulation ;
(g) the adequacy and availability of services in all parts of Nigeria ;
(h) any deficiencies in the scope or operation of this Act and its subsidiary
legislation ; and
(i) other matters that the Commission is satisfied are relevant.
(4) The Commission shall publish the report, in the manner it deems appropriate,
provided that it is made publicly available.
CHAPTER VI—ECONOMIC REGULATION
PART I—GENERAL COMPETITION PRACTICES
90. Notwithstanding the provisions of any other written law, the Commission
shall have exclusive competence to determine, pronounce upon, administer, monitor
and enforce compliance of all persons with competition laws and regulations, whether
of a general or specific nature, as it relates to the Nigerian communications market.
Commission’s
exclusive
competence on
competition
laws.
91.—(1) A licensee shall not engage in any conduct which has the purpose
or effect of substantially lessening competition in any aspect of the Nigerian
communications market.
Anticompetition
practices.
(2) The Commission may from time to time publish guidelines or
regulations which clarify the meaning of “substantial lessening of competition”
in the Nigerian communications market and such guidelines or regulations may
include references to—
(a) the relevant economic market ;
(b) global trends in the relevant market;
(c) the impact of the conduct on the number of competitors in a market and
their market shares ;
(d) the impact of the conduct on barriers to entry into the market ;
(e) the impact of the conduct on the range of services in the market ;
(f) the impact of the conduct on the cost and profit structures in the market ; and
(g) any other matters which the Commission is satisfied are relevant.
(3) A licensee shall not enter into any understanding, agreement or arrangement,
whether legally enforceable or not, which provides for :
(a) rate fixing ;
(b) market sharing ;
(c) boycott of another competitor ;
(d) boycott of a supplier of apparatus or equipment; or