S.L. 399.48 чл. 70Regulatory control of retail services.

(1) The Authority shall impose any regulatory obligations as it may consider appropriate on undertakings identified as having significant market power on a given retail market in accordance with regulation 51, where:

(a) as a result of a market analysis carried out in accordance with regulation 54, the Authority determines that a given retail market identified in accordance with regulation 52 is not effectively competitive; and

(b) the Authority concludes that obligations imposed under regulations 56 to 61 would not result in the achievement of the objectives set out in article 4 of the Act:

Provided that the obligations that the Authority may impose shall be based on the nature of the problem identified and shall be proportionate and justified in light of the objectives laid down in article 4 of the Act. Such obligations may include requirements that the identified undertakings do not charge excessive prices, inhibit market entry or restrict competition by setting predatory prices, show undue preference to specific end-users, or unreasonably bundle services:

Provided further that the Authority may apply to such undertakings appropriate retail price cap measures, measures to control individual tariffs, or measures to orient tariffs towards costs or prices on comparable markets, in order to protect end-user interests whilst promoting effective competition.

(2) The Authority shall ensure that where an undertaking is subject to retail tariff regulation or other relevant retail controls, the necessary and appropriate cost-accounting systems are implemented. In doing so the Authority may specify the format and accounting methodology to be used:

Provided that compliance with the cost-accounting system shall be verified by a qualified independent body, the cost of which verification shall be borne by the undertaking concerned:

Provided further that the Authority shall ensure that a statement concerning compliance is published annually.

(3) Without prejudice to regulations 72 and 75 the Authority shall not apply retail control mechanisms under sub-regulation (1) to geographical or retail markets where the Authority is satisfied that there is effective competition.