Annex C

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Telecommunications Regulatory Authority
Decision No. [ ]/2010 on Rules Governing
ex post Anti-competitive Behaviour
Pursuant to:
The Telecommunications Regulatory Act issued by the Royal Decree No. 30/2002; and
The Executive Regulation of the Telecommunications Regulatory Act issued by the Ministerial
Decision No. 10/2007; and
The approval of the Minister of [ ] dated [ ]; and
Based on the exigencies of the public interest
Article 1: Introduction
(1) Article (40) of the Law prohibits conduct that could prevent or restrict competition in
relation to any commercial activity connected to telecommunications, including
abuse of a dominant position, entering into anti-competitive agreements, supplying
facilities that enable anti-competitive behaviour or changing market structures, for
example through a merger, in a way that reduces competition.
(2) Article 40 (2) of the Law provides for the Authority to specify types of anti-
competitive agreements in the Executive Regulations.
(3) Article (41) of the Law provides the Authority with the function of deciding whether
any conduct, action or omission prevents or restricts competition under Article 40 of
the Law, “subject to the provisions of Regulations and Decisions issued for the
purpose of introducing competition in the telecommunications sector”.
(4) Article 79 of the Executive Regulations provides that;
“Concerted conduct between two or more licensees in a direct or indirect manner,
with the object of preventing or restricting competition in the market, shall be

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deemed an agreement with others to bring about any of the following matters in the
telecommunications market:
a) the fixing of tariffs or other conditions of service;
b) the pre-selection of the successful party for a contract or a work opportunity;
c) the dividing-up of shares as between licensees; and
d) any other agreement which the Authority considers such as to prevent or
restrict competition.”
Article 2: Scope of Decision
(1) This Decision of the Authority:
a) supplements Article 79 (4) of the Executive Regulations by listing other types
of agreement which the Authority considers such as to prevent or restrict
competition
b) provides for the powers and procedures of the Authority in exercising its
functions under Articles (40) and (41) of the Law.
(2) This Decision does not address mergers under Article 40 (4) of the Law.
Article 3: Definitions
The terms defined in the Law shall have the same meaning when used in this Regulation
and the words and expressions listed below shall have the meanings set out against
them below:
a) Dominance means that a Service Provider, either individually or jointly with
others, enjoys a position of economic strength affording it the power to behave
to an appreciable extent independently of competitors and customers in a
Relevant Market, and Dominant has a corresponding meaning;
b) Executive Regulations means the Executive Regulations of the
Telecommunications Regulatory Act issued by the Ministerial Decision No.
10/2007
c) Law means The Telecommunications Regulatory Act issued by the Royal
Decree No. 30/2002, as amended;
d) Relevant Market means a market defined in customer and geographic terms
comprising products or services that are regarded as interchangeable or
substitutable due to their characteristics, prices and intended uses and which
is determined as such by the Authority under this Regulation;
e) Remedy means a remedy or obligation imposed on a Service Provider under
the Market Definition and Dominance Regulations [cite reference];
f) Service Provider means an operator of a telecommunications network or a
provider of telecommunications services.

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Article 4: Anti-competitive Agreements
In addition to the types of Agreement specifically referred to in Article 79 (1) to (3) of the
Executive Regulations, the Authority has decided under Article 79 (4) of the Executive
Regulations that the types of Agreement listed below are also anti-competitive:
a) agreements which directly or indirectly fix purchase or selling prices or any
other trading conditions (otherwise known as ‘price fixing’, and includes the
practice known as ‘resale price maintenance’);
b) agreements which limit or control markets, technical development or
investment (otherwise known as collusion or collusive agreements);
c) agreements which divide or allocate markets or sources of supply (otherwise
known as ‘market fixing’ or ‘orderly marketing’);
d) agreements which require a customer to accept more services than it wishes
to take (otherwise known as full-line forcing agreements);
e) agreements which apply dissimilar conditions to equivalent transactions with
other trading parties, thereby placing one or more of them at a competitive
disadvantage (otherwise known as discriminatory practices’); and
f) agreements which make the conclusion of contracts subject to acceptance by
any other party of supplementary obligations which, by their nature or
according to commercial usage, have no connection with the subject of such
contracts (otherwise known as ‘second line forcing’ and/or ‘third line forcing’).
Article 5: Monitoring the Marketplace
(1) The Authority may monitor and prevent conduct that could prevent or restrict
competition in relation to any commercial activity connected to telecommunications,
including abuse of a dominant position, entering into anti-competitive agreements,
supplying facilities that enable anti-competitive behaviour.
(2) The Authority will take all other lawful measure, whether preventive or remedial,
necessary to protect competition and ensure a sustainable competitive market.
(3) The Authority will publish, and from time to time update, Guidelines setting out the
principles it will adopt when considering what constitutes conduct that could prevent
or restrict competition.
Article 6: Investigations
(1) The Authority may, on application by any person, or on receipt of information or on
its own initiative, initiate an investigation as to whether, in any case, any actions or
activities of a Service Provider could prevent or restrict competition in relation to any
commercial activity connected to telecommunications, including abuse of a
Dominant position, entering into an anti-competitive agreement or supplying
facilities.
(2) Before requesting the Authority to intervene to resolve a dispute regarding alleged
abuse of a Dominant position, the Authority may satisfy itself that a complainant has
made an effort to resolve the dispute in good faith.

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(3) Complaints can be submitted to Authority electronically, by post, by hand or by fax.
If the Authority receives a complaint it will acknowledge the complaint and then form
an initial view on the merits of the complaint.
(4) If the Authority instigates a complaint or accepts a complaint from an applicant, the
investigation shall be conducted in accordance with any rules laid down by the
Authority concerning investigations and enforcement.
Article 7: Determinations
(1) If the Authority determines that a Service Provider is in breach of Articles (40) or
(41) of the Law, the Authority may, by way of a Decision:
a) impose a penalty for violation of the Law pursuant to Article 51 bis of the Law;
b) request that the Service Provider which is in breach and the persons affected
by such actions or activities meet to attempt to determine remedies to prevent
or eliminate continuation of the same;
c) require the Service Provider which is in breach to publish an acknowledgement
and apology for such actions, activities or practices in one or more newspapers
of wide circulation, in such a form and at such times as the Authority specifies
in the decision; and/or
d) require the Service Provider which is in breach to provide periodic reports to
the Authority to assist in determining whether the actions or activities are
continuing and to determine their impact on telecommunications markets,
competitors and users
(2) Without prejudice to Article 51 bis (1) of the Law, a determination by the Authority
under this Article shall be final and binding on the Service Provider concerned,
provided it received advance notice that such a decision was being considered, and
had an opportunity to comment on the relevant issues before the decision was
made.
(3) A decision made under this Article shall specify the reasons for the decision, which
shall be consistent with the evolution of a competitive market-based
telecommunications sector in the Sultanate of Oman.
Article 8: Ex ante and other Regulations
This Decision is in addition and without prejudice to the Market Determination and
Dominance Decision [cite reference], the Executive Regulations or any other
Regulations issued by the Authority.

Annex C

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Annex C