Alqanoni

Implementing Regulations of the Telecommunications and Information Technology Law

Art. 52
Status unknownSaudi ArabiaRegulation

Issued by Ministry of Communications & IT (MCIT)

The following acts and practices shall constitute an abuse of a dominant position: 1. Impose unfair buying or selling prices, or any other unfair commercial terms, whether directly or indirectly, including, but not limited to, selling at prices below average standard costs over the usual long-term, as decided by CST; 2. Control services or markets or limit investment or technical development in a way that causes harm to users; 3. Refuse to do business with certain service providers without an acceptable reason; 4. Apply different conditions in identical transactions upon dealing with other service providers, putting them at a competitive disadvantage; 5. Conclude a contract subject to the contracting party,s acceptance of complementary obligations that, by nature or pursuant to trade usages, are irrelevant to the subject matter of the said contract; 6. Obstruct or prevent the expansion or entry of a service provider into the telecommunications or information technology market; 7. Instigate the acquisition of vital facilities or scarce resources, including the right to access, needed by another service provider for the operation of his services to prevent him from using such facilities or resources; Chapter VI : Competition Provisions Implementing Regulations of the Telecommunications & Information Technology Law 8. Discriminate in granting right of access, interconnection, or any other services or facilities to other service providers or available resources, except for cases that can be objectively justified and accepted by CST; 9. Adopt mutual financial support from one service to another competitive service, to influence or limit competition, except CST approves such support; 10. Use price compression and reduce the profit margin available for another service provider in need of such products from the dominant service provider, either by increasing the wholesale prices of such services or by reducing their retail prices, or both. 11. Demanding another service provider to refrain from selling specific services to another service provider; Adopt technical specifications for the telecommunications network or devices that prevent or obstruct mutual operation with a telecommunications network or devices of another service provider; 13. Delay in providing a service provider with the technical or commercial information of the telecommunications network or devices of the dominant service provider, which is related to interconnection or access; 14. Use the information that a dominant service provider has acquired from another service provider through interconnection or access to have advantage in competition with other service providers; 15. Fail to provide a service provider with basic facilities available to a dominant service provider within a reasonable time period, and at acceptable and accessible terms, after the dominant service provider receives a request for same; and 16. Any other behavior that may harm competition; Chapter VI : Competition Provisions Implementing Regulations of the Telecommunications & Information Technology Law

The Arabic text is the legally binding version. The English translation is provided for guidance only.

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