Page:Broadcasting Ordinance (Cap. 562).pdf/22

BROADCASTING ORDINANCE :(b) conduct preventing or restricting the supply of goods or services to competitors;
 * (c) direct or indirect agreements between licensees to share any television programme service market between them on agreed geographic or customer lines;
 * (d) limiting or controlling production, markets, technical development or investment;
 * (e) applying dissimilar conditions to equivalent agreements with other trading parties, thereby placing them at a competitive disadvantage;
 * (f) making the conclusion of agreements 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 such agreements.

(3) Subject to subsection (4), a provision in an agreement is void in so far as it provides for or permits, whether directly or indirectly, conduct which contravenes subsection (1).

(4) The Broadcasting Authority may—
 * (a) on an application made to it in the specified form by a licensee;
 * (b) on a prescribed ground; and
 * (c) by notice in writing served on the licensee,

exempt conduct specified in the application from subsection (1) subject to such conditions as the Broadcasting Authority thinks fit specified in the notice.

(5) Subsection (1) shall not apply to—
 * (a) any restriction imposed on the inclusion in a television programme service of a television programme produced wholly or substantially by the licensee of the service; or
 * (b) any prescribed restriction.

(6) For the avoidance of doubt, it is hereby declared that nothing in this section shall prejudice the existence of any rights arising from the operation of the law relating to copyright or trademarks.

14. Prohibition on abuse of dominance

(1) A licensee in a dominant position in a television programme service market shall not abuse its position.

(2) A licensee is in a dominant position when, in the opinion of the Broadcasting Authority, it is able to act without significant competitive restraint from its competitors and customers.

(3) In considering whether a licensee is dominant, the Broadcasting Authority shall have regard to relevant matters including, but not limited to—
 * (a) the market share of the licensee;
 * (b) the licensee’s power to make pricing and other decisions;