8. Insertion of new section 9A in the principal enactment

Official English translation. The Sinhala text prevails. Open the official Sinhala text, official PDF on documents.gov.lk

The following new section is hereby inserted immediately after section 9 of the principal enactment and shall have effect as section 9A of that enactment:-

9A. (1) The Commission shall, on its own motion or on a complaint or request made to the Commission by any person with respect to-

“Resolution of disputes on anti competitive practices, etc.

Act, No. 39 of 2024

(a)

the existence or the construed existence of any anti-competitive practice;

(b)

the acquisition, existence or construed existence of an abuse of a dominant position (significant market power) which may affect the conditions in one or more markets in which an operator or provider operates a telecommunication service;

(c)

the creation or construed creation of a merger situation; or

(d)

not having the right of access market network at fair, cost based and non-discriminatory terms and conditions, carry out an investigation as in the manner it may deem necessary.

(2)

The Commission shall give any operator or provider, who is the subject of an investigation commenced under subsection (1), an opportunity of being heard and of producing any documentary evidence.

(3)

Where upon investigation the

Commission is satisfied that any one of the situations specified in paragraph (a), (b), (c), or (d) exists, but such situation does not operate or is not likely to operate against public interest, the Commission shall, by order made in that behalf, authorize the existence of such

Act, No. 39 of 2024

situation subject to such terms and conditions as it may consider necessary or expedient for the purpose of remedying or preventing the resulting adverse effects, if any, on other operators or providers in the market wherein any one of the situations specified in paragraph (a), (b), (c), or (d) exists.

(4)

Where upon investigation the

Commission finds that any one of the situations specified in paragraph (a), (b), (c), or (d) exists and such situation operates or is likely to operate against public interest, the Commission shall make an appropriate order abating the existence of any such situation and for the purpose of remedying or preventing the resulting adverse effects thereof.

(5)

Where upon investigation, the

Commission finds that any one of the situations specified in paragraph (a), (b), (c), or (d) exists, the Commission may, where necessary, issue an appropriate order other than the orders referred to in subsections (3) and (4) having regard to the provisions of subsection (2).

(6)

Rules may be made in respect of the following:-

(a)

to impose specific obligations on operators and providers with significant market power as may be defined by the Commission, with a view of promoting fair competition, preventing market distortions and safeguarding consumer interests;

and

Act, No. 39 of 2024

(b)

to facilitate non–discriminatory access and to ensure equal opportunities to all operators and providers.”.

Read on from s 9