23. Criteria for Commission’s competition function

(i)

any decision by regulated entities acting together ; or

any practice or conduct of one or more regulated entities, which affects or is likely to affect domestic or international trade and the object or effect of which is to prevent, restrict or distort competition in Sri Lanka shall constitute an anti-competitive practice ;

the provisions of section 23 (1) (a) shall apply in particular, to agreements, decisions, practices or conduct which–

directly or indirectly fix purchase or selling prices ;

eliminate or substantially damage a competitor in a market ;

prevent the entry of a competitor into a market ;

deter or prevent a person from engaging in competitive conduct in a market ; or

unduly limit or control a consumer’s access to, or ability to transfer to or from, a regulated entity ;

a dominant position shall be taken to exist if the prescribed percentage of a utility network is used or provided by, or the prescribed percentage of a utility service is provided by or to–

the same person ; or

members of a group of persons, including connected bodies corporate ;

conduct that may, in particular, constitute an abuse of a dominant position if it–

amounts to directly or indirectly imposing unfair purchase or selling prices ;

eliminates or substantially damages a competitor in a market ;

prevents the entry of a competitor into a market ;

deters or prevents a person from engaging in competitive conduct in a market ; or

unduly limits or controls a consumer’s access to, or ability to transfer to or from, regulated entities ;

a merger situation shall be taken to exist if a person, including a body corporate, acquires or proposes to acquire, directly or indirectly, any shares or assets of any other person which results or would result in a change of control of that other person –

the object or effect of which is that the persons taken together are or are likely to be or would be in a dominant position in a market in any public utilities industry ; or

where both persons are engaged, exclusively or otherwise, in the provision of, and hold a dominant position within the same utility network or utility service in a public utilities industry, in the same or different geographical areas, even if the circumstances in (i) above are not satisfied ;

any regulated entity which is of the opinion or ought reasonably to be of the opinion that it may fall within the scope of the activities set out in section 22 which the Commission is empowered to investigate shall notify the Commission immediately,