Hong Kong Ordinances

BROADCASTING ORDINANCE - SECT 14

Prohibition on abuse of dominance

(1) A licensee in a dominant position in a television programme  service
market shall not abuse its position.

(2) A licensee is in a dominant position when, in the opinion of the
Broadcasting Authority, it is able to act without significant competitive
restraint from its competitors and customers.

(3) In considering whether a licensee is dominant, the Broadcasting  Authority
shall have regard to relevant matters including, but not limited to-

   (a)  the market share of the licensee;

   (b)  the licensee's power to make pricing and other decisions;

   (c)  any barriers to entry to competitors into the relevant
        television programme service market;

   (d)  such other relevant matters as may be stipulated in guidelines
        concerning the test of dominance issued under section 4 by the
        Broadcasting Authority in consultation with the licensees in the
        relevant television programme service market.

(4) A licensee who is in a dominant position is deemed to have abused its
position if, in the opinion of the Broadcasting Authority, the licensee has
engaged in conduct which has the purpose or effect of preventing, distorting
or substantially restricting competition in a television programme service
market.

(5) The Broadcasting Authority may consider conduct to fall within the conduct
mentioned in subsection (4) as including, but not limited to-

   (a)  predatory pricing;

   (b)  price discrimination, except to the extent that the discrimination
        only makes reasonable allowance for differences in the costs or likely
        costs of supplying the service or other matter;

   (c)  making the conclusion of agreements subject to acceptance by other
        parties of terms or conditions which are harsh or unrelated to the
        subject of the agreement;

   (d)  discrimination in the supply of services to competitors.