S.L. 399.48 чл. 67Wholesale-only undertakings. Cap. 418.

(1) The Authority when determining whether to designate an undertaking which is absent from any retail markets for electronic communications services as having significant market power in one or several wholesale markets in accordance with regulation 54, shall consider whether that undertaking has the following characteristics:

(a) all companies and business units within the undertaking, all companies that are controlled but not necessarily wholly owned by the same ultimate owner, and any shareholder capable of exercising control over the undertaking, only have activities, current and planned for the future, in wholesale markets for electronic communications services and therefore do not have activities in any retail market for electronic communications services provided to end-users in the European Union; and

(b) the undertaking is not bound to deal with a single and separate undertaking operating downstream that is active in any retail market for electronic communications services provided to end-users, because of an exclusive agreement, or an agreement which de facto amounts to an exclusive agreement.

(2) If the Authority concludes that the conditions laid down in sub-regulation (1) are fulfilled, it may impose on that undertaking only obligations pursuant to regulations 57 and 60 or relative to fair and reasonable pricing if justified on the basis of a market analysis including a prospective assessment of the likely behaviour of the undertaking designated as having significant market power.

(3) The Authority shall review obligations imposed on the undertaking in accordance with this regulation at any time if it concludes that the conditions laid down in sub-regulation (1) are no longer met, and it shall, as appropriate, apply regulations 54 to 61.

(4) The undertakings shall, without undue delay, inform the Authority of any change of circumstance relevant to sub-regulation (1)(a) and (b).

(5) The Authority shall also review obligations imposed on the undertaking in accordance with this regulation if on the basis of evidence of terms and conditions offered by the undertaking to its downstream customers, the Authority concludes that competition problems have arisen or are likely to arise to the detriment of end-users which require the imposition of one or more obligations provided in regulations 56, 58, 59 or 61, or the amendment of the obligations imposed in accordance with sub-regulation (2).

(6) The imposition of obligations and their review in accordance with this regulation shall be implemented in accordance with the procedures referred to in article 4A of the Malta Communications Authority Act and in regulations 21 and 22.