Section 30: Market definition and determination of significant market power

30. Market definition and determination of significant market power (1) The Authority shall, at such times as it may determine, hold a public consultation and carry out a market analysis, to enable it to— (a) identify information and communication service markets or market segments; (b) designate every information and communication service market and market segment for which tariffs must be approved by the Authority before the service is offered to the public; (c) determine whether any public operator has significant market power in those information and communication service markets or market segments. (2) The Authority shall, following the public consultation referred to in subsection (1), designate and give public notification of— (a) every information and communication service market and market segment; and (b) every public operator which has a significant market power in an information and communication service market or market segment. [Issue 4] I12 – 20 Revised Laws of Mauritius (3) Following the grant of the appropriate licences, every public operator shall, before the commercial launch of the relevant information and communication service, disclose to the Authority the relevant market or market segment in which it intends to operate. (4) The Authority may, after consultation with the Competition Commission, issue such guidelines as are necessary for the purposes of determining which public operator has significant market power in an information and communication service market or market segment. (5) Where a public operator has significant market power in a market or market segment, it may also be considered to have a significant market power in a closely related market or market segment, where the links between the 2 markets or market segments are such as to allow the market power held in one market or market segment to be leveraged into the other market or market segment, thereby strengthening the market power of the public operator. (6) Where a public operator has significant market power in a market or market segment, and wishes to supply promotional offers, including discount practices, he shall submit the relevant cost breakdown for the said service and offers for determination by the Authority. (7) Every public operator shall— (a) before entering into a new market or market segment, notify the Authority of its intention to do so; and (b) furnish to the Authority such information relating to its operations as the Authority may require under this section. [S. 30 repealed and replaced by s. 14 (c) of Act 38 of 2011 w.e.f. 15 December 2011.] (S. 30 came into operation on 1 June 2002.)