Regulation 8 Functions of the Director in relation to the determination of significant market power
For the purposes set out in regulation 6 of these Regulations the Director shall for each relevant private circuit market immediately upon the coming into force of these Regulations and thereafter whenever necessary either determine in respect of at least one holder of a Relevant Licence that it is an organisation having significant market power in that market or determine that no holder of a Relevant Licence is an organisation having significant market power in that market.
The Director shall whenever necessary determine as respects the holder of a Relevant Licence that it is no longer an organisation having significant market power in a relevant private circuit market.
Subject to paragraph (4) of this regulation, in making a determination under paragraphs (1) or (2) of this regulation the Director shall presume that a holder of a Relevant Licence is an organisation having significant market power in a relevant private circuit market when its share of that market is 25 per cent or more.
The Director may, after taking into account the matters referred to in paragraph (5) of this regulation:
determine that a holder of a Relevant Licence with a market share of less than 25 per cent of a relevant private circuit market is an organisation having significant market power in that market; or
determine that a holder of a Relevant Licence with a market share of 25 per cent or more of a relevant private circuit market is an organisation not having significant market power in that market.
In making a determination under paragraph (4) of this regulation, the Director shall take into account:
the ability of the holder of the Relevant Licence to influence the private circuit market conditions;
its turnover relative to the size of the market;
its access to financial resources; and
its experience in providing products and services in the market.