S.L. 399.48 Art. 51Market analysis and significant market power - Undertakings with significant market power.

(1) The provisions of this regulation shall apply where these regulations require that the Authority determines whether an undertaking has significant market power in accordance with the procedure referred to in regulation 54.

(2) An undertaking shall be deemed to have significant market power if, either individually or jointly with others, it enjoys a position equivalent to dominance, namely a position of economic strength affording it the power to behave to an appreciable extent independently of competitors, customers and ultimately consumers.

(3) The Authority shall, when assessing whether two or more undertakings are in a joint dominant position in a market, act in accordance with European Union law, and shall take into the utmost account the guidelines on market analysis and the assessment of significant market power published by the European Commission pursuant to regulation 52.

(4) Where an undertaking has significant market power on a specific market, the Authority may also designate that undertaking as having significant market power on a closely related market, where the links between the two markets allow the market power held on the specific market to be leveraged into the closely related market, thereby strengthening the market power of the undertaking. In such instances the Authority may consider remedies aiming to prevent the application of such leverage in the closely related market pursuant to regulations 56, 57, 58 and 61.