Implementing Regulations of the Telecommunications and Information Technology Law
Art. 52Status 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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