Section 3: Abuse of dominant position

3. Abuse of dominant position.__ (1) No person shall abuse dominant position. (2) An abuse of dominant position shall be deemed to have been brought about, maintained or continued if it consists of practices which prevent, restrict, reduce or distort competition in the relevant market. (3) The expression “practices referred to in sub-section (2) shall include, but are not limited to___ (a) limiting production, sales and unreasonable increases in price or other unfair trading conditions; (b) price discrimination by charging different prices for the same goods or services from different customers in the absence of objective justifications that may justify different prices; (c) tie-ins, where the sale of goods or service is made conditional on the purchase of other goods or services; (d) 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; (e) applying dissimilar conditions to equivalent transactions on other parties, placing them at a competitive disadvantage; (f) predatory pricing driving competitors out of a market, prevent new entry, and monopolize the market; (g) boycotting or excluding any other undertaking from the production, distribution or sale of any goods or the provision of any service; or (h) refusing to deal.

Effective date: 2010-01-01

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