MDPPACPB Regulations

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(2) For the purpose of this Regulation, a conduct or arrangement “substantially 
lessens competition” if it materially and persistently reduces competitive rivalry 
or impairs the competitive structure of the relevant market. 
 
 
85. Determination of Anti-Competitive or Discriminatory Conduct and Abuse of 
Market Power 
(1) The Authority shall consider the following as anti-competitive conduct, 
including but not limited to: 
(a) Horizontal agreements such as price-fixing, bid-rigging, market allocation, 
or output restriction; 
(b) Collusive tendering or manipulation of bidding processes; 
(c) Vertical restraints that have the effect of foreclosing competitors or harming 
consumer welfare. 
(2) Discriminatory conduct shall be deemed to occur where a licensee or 
operator: 
(a) Applies dissimilar conditions to equivalent transactions with other trading 
parties; 
(b) Places certain parties at a competitive disadvantage without objective 
justification. 
(3) Unlawful exercise of market power shall include any conduct by an 
undertaking with market power that prevents, restricts, or distorts competition, 
including: 
(a) Charging excessive or exploitative prices; 
(b) Engaging in predatory pricing or below-cost selling intended to exclude 
competitors; 
(c) Refusing to supply an essential input or access to critical infrastructure 
without objective justification; 
(d) Imposing unfair trading terms, contractual coercion, or abusive rebate 
structures; 
(e) Tying or bundling unrelated services in a manner that restricts market 
access or competition. 
 
86. Determination of Practices Excluding, Deterring or Crippling Entry or 
Expansion 
In determining whether conduct constitutes exclusionary, deterring, or market-
crushing behaviour, the Authority shall consider: 
(1) 
Evidence of predatory strategies designed to drive existing or potential 
competitors out of the market; 
(2) 
Practices aimed at raising rivals’ costs without efficiency justification; 
(3) 
Abuse or manipulation of regulatory processes to impose compliance 
burdens on competitors; 
(4) 
Exclusive dealing arrangements or loyalty-inducing rebates that 
substantially foreclose market access; 
(5) 
Unjustified refusal to grant access to essential facilities or infrastructure 
on fair, transparent, and non-discriminatory terms.