Page:Competition Ordinance (Cap. 619).pdf/135

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7. Powers of Authority in relation to services with places outside Hong Kong

Section 6B is repealed.

8. Guidelines

(1) Section 6D(2)(aa) and (2A) is repealed.

(2) Section 6D(4)(a) is amended by repealing “section 7L(2)” and substituting “section 7Q(2)”.

9. Anti-competitive practices

Section 7K is repealed.

10. Abuse of position

Section 7L is repealed.

11. Non-discrimination

Section 7N is repealed.

12. Authority may regulate changes in relation to carrier licensees

Section 7P is repealed.

13. Section 7Q added

The following is added—
 * “7Q. Exploitative conduct
 * (1) A licensee in a dominant position in a telecommunications market must not engage in conduct that in the opinion of the Authority is exploitative.
 * (2) A licensee is in a dominant position if, in the opinion of the Authority, it is able to act without significant competitive restraint from its competitors and customers.
 * (3) In considering whether a licensee is dominant, the Authority must take into account relevant matters including, but not limited to—
 * (a) the market share of the licensee;