A 322
2003 No. 19
Communications
(e) boycott of any other licensee.
(4) A licensee shall not, at any time or in any circumstance, make it a condition
for the provision or supply of a product or service in a communications market that
the person acquiring such product or service in the communications market is also
required to acquire or not to acquire any other product or service either from himself
or from another person.
Dominant
operator.
92.—(1) The Commission may determine that a licensee is in a dominant
position in any aspect of the Nigerian communications market.
(2) The Commission may publish guidelines and regulations which clarify
how it shall apply the test of “dominant position” to licensees.
(3) The guidelines and regulations in subsection (2) of this section may
specify the matters which the Commission may take into account, including—
(a) the relevant economic market ;
(b) global technology and commercial trends affecting market power ;
(c) the market share of the licensee ;
(d) the licensee’s power to make independent rate setting decisions ;
(e) the degree of product or service differentiation and sales promotion in
the market ; and
(f) any other matters which the Commission is satisfied are relevant.
(4) The Commission may direct a licensee in a dominant position in the
communications market to cease a conduct in that market which has or may have the
effect of substantially lessening competition in any communications market and to
implement appropriate remedies.
Exemption.
93.—(1) A licensee may apply to the Commission prior to engaging into any
conduct which may be construed to have the purpose or effect of substantially
lessening competition in any aspect of the Nigerian communications industry, for
authorisation for the conduct.
(2) Notwithstanding the provisions of this Chapter, the Commission may
authorise the conduct if the Commission is satisfied that the authorisation is in the
national interest.
(3) The Commission may, before authorising the conduct, require the licensee
to submit an undertaking regarding his conduct in any matter relevant to the
authorisation.
(4) A licensee may withdraw an application made under subsection (1) of this
section at any time prior to authorisation by the Commission.
(5) Subject to section 84 of this Act, an authorisation granted by the Commission
under subsections (2) or (3) of this section may only be withdrawn upon such terms
and subject to such conditions as the Commission may specify.
(6) The Commission shall maintain a register of current authorisations of
conducts under this Part in accordance with Part V of Chapter V.