MDPPACPB Regulations

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(a) The credibility and completeness of evidence presented; 
 
(b) The proportionality between the conduct and the claimed 
justification; 
 
(c) Whether the claimed efficiencies could have been achieved 
through less exclusionary means; 
 
(d) The actual or likely harm to market structure, rivals, and consumers. 
(5) Rejection of Sham or Pretextual Defences:  
Where the Authority finds that the stated justification is pretextual, speculative, 
or unsupported by evidence, such defence shall be summarily rejected and 
appropriate enforcement action may be pursued. 
 
40. Interim Measures in Abuse of Dominance Investigations 
(1) Power to Impose Interim Measures: Where the Authority, upon preliminary 
investigation, forms a prima facie opinion that a licensee or group of licensees 
in a dominant position may be engaging in conduct that constitutes an abuse 
of dominance under this Regulation, it may impose interim measures as 
necessary to: 
 
(a) Prevent serious and irreparable harm to competition; 
 
(b) Protect the interests of consumers or market participants; or 
 
(c) Preserve the integrity of the investigation process. 
(2) Conditions for Interim Orders: An interim order may be issued where: 
 
(a) There is credible evidence of potentially abusive conduct by a 
dominant firm; 
 
(b) The alleged conduct is ongoing or imminent; 
 
(c) Delay in final adjudication would risk causing irreversible damage to 
market structure, customer access, or fair competition; and 
 
(d) The interim order is proportionate and necessary in the 
circumstances. 
(3) Types of Interim Measures: The Authority may issue any appropriate “cease 
and desist” or affirmative interim order, including but not limited to: 
 
(a) Requiring the continuation of supply or service to a customer 
pending investigation; 
 
(b) Ordering the suspension or modification of a rebate, pricing, or 
discount scheme; 
 
(c) Requiring access to essential infrastructure or information systems on 
fair, reasonable, and non-discriminatory terms; 
 
(d) Preventing the execution of exclusive or restrictive agreements that 
may foreclose competition during the pendency of the case. 
(4) Legal Effect and Enforcement 
 
(a) Interim orders issued under this sub-regulation shall have immediate 
effect upon service and shall remain binding until revoked, varied, or replaced 
by a final determination or further order of the Authority. 
 
(b) Failure to comply with an interim order shall constitute a breach of 
this Regulation and may attract sanctions as provided in Parts XVI and XVII of 
these Regulations. 
(5) Review and Variation: A party subject to an interim order may, within seven