S.L. 254.1 Art. 64BPostal operators with significant market power.

(1) The Authority shall determine whether postal operators have significant market power in accordance with this regulation and taking into account any guidelines howsoever described by the Authority:

Provided that, on the coming into force of these regulations, the Authority may designate the postal operator designated as the universal service provider, as having significant market power in any relevant postal services market within the scope of the universal service as identified by the Authority.

(3) A postal operator shall be deemed to have significant market power if either individually or jointly with others, it enjoys a position equivalent to dominance, that is to say a position of economic strength affording it the power to behave to an appreciable extent independently of competitors, customers and ultimately users.

(4) Where a postal operator has significant market power on a specific relevant postal services market, it may also be designated as having significant market power on a closely related postal services market where the links between the two markets are such as to allow the market power held on one market to be leveraged into the other market, thereby strengthening the market power of the postal operator.