As enacted

Contents

Public Utilities Commission of Sri Lanka Act 2002 · As enacted · Part V · Competition

24. Commission’s competition enforcement powers

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

(1)

Where, upon investigation, the Commission is satisfied that an anti-competitive practice or merger situation exists but that it does not operate or is not likely to operate against the public interest, the Commission shall by order, authorize that anti-competitive practice or merger situation subject to such conditions as it may consider necessary or expedient.

Public Utilities Commission of Sri Lanka

(2)

Where, upon investigation, the Commission is satisfied that a dominant position exists but that no abuse of that dominant position exists, the Commission shall by order, declare that no abuse of a dominant position has occurred, subject to such conditions, as it may consider necessary or expedient.

(3)

Where, upon investigation, the Commission is satisfied that–

(a)

a merger situation exists, is likely to operate against the public interest and that a merger has not yet taken place, the Commission may by order prohibit the merger situation ;

(b)

Without prejudice to paragraph (a), in anti-competitive practice or merger situation exists and that it operates against the public interest, or an abuse of a dominant position exists, the Commission may by order provide for–

(i)

the carrying on of any activity or the safeguarding of any assets by the appointment of a person to conduct or supervise the conduct of such activities or safeguarding such assets on such terms and with such powers as may be specified in the order ;

(ii)

the termination of any anti-competitive practice or abuse of a dominant position or the de-merger of a merger situation in such manner as may be specified in the order ; and

(iii)

such action as the Commission may consider necessary in the circumstances for the purpose of remedying or preventing the resulting adverse effects, subject to such conditions as it may consider necessary or expedient.

Public Utilities Commission of Sri Lanka

(4)

In determining for the purpose of this section whether an anti-competitive practice or merger situation operates or is likely to operate against the public interest, the Commission shall take into account all matters which appear to the

Commission to be relevant to the matter under investigation and shall have special regard to the desirability of —

(a)

maintaining and promoting effective competition between regulated entities ; and

(b)

promoting the interests of consumers in relation to the market in which the anti-competitive practice or merger situation operates, or is likely to operate; and in addition, in the case of a merger situation—

(c)

giving effect to the principle that the number of regulated entities which are under independent control should not be so reduced as to prejudice the

Commission’s ability, in carrying on its functions to make comparisons between different regulated entities in the same public utilities industry.

(5)

The Commission shall give any regulated entity, which is the subject of an inquiry or investigation held by the

Commission under section 22, an opportunity to be heard and to produce oral or documentary evidence.

Read on from s 25

Part VI

Consumer Protection

Read on from Part VI

Part VII

Policy Guidelines

Read on from Part VII

Part VIII

Finance

Read on from Part VIII

Part IX

General

Read on from Part IX