1. Any undertaking which, either individually or in collaboration with other undertakings, holds a dominant position in the relevant market, or in a significant and influential part thereof, shall be prohibited from performing any act or conduct which constitutes such an abuse of position as its object or effect is to distort, lessen, restrict or prevent competition. Such acts and conducts may include: a. directly or indirectly imposing prices or conditions of reselling of goods or services; b. selling a good or providing a service at a price lower than its actual cost, with the aim of hindering competing undertakings from entering the relevant market, excluding them from such market, or inflicting losses thereon, which prevent them from continuing their activities; c. unjustifiably discriminating between costumers in identical contracts in relation to the prices or quality of goods and services or terms of their sale or purchase contracts; d. obliging a costumer not to deal with a competing undertaking; e. total or partial rejection of making a transaction in accordance with usual commercial terms without any justification or objective reason; f. unjustifiably refusing, limiting or hindering the sale or purchase of goods or services in a manner that leads to imposing unreal prices; g. making the conclusion of a contract or agreement for the sale or purchase of goods or services subject to acceptance by the other party of supplementary obligations related to other goods or services which, by their nature or according to commercial usage, have no connection with the subject of the original transaction or agreement; h. intentionally publishing incorrect information about products or their prices; i. reducing or increasing the supply of available quantities of a product in order to create artificial scarcity or abundance of supply; j. controlling or limiting production, markets or technological development; k. if an undertaking unjustifiably prevents or obstructs other undertakings from accessing its private networks, its facilities, or any physical or digital infrastructure it owns or exploits while the same is the only, basic, and economically feasible solution for practicing the economic activity or entering the relevant market. 2. The dominant position referred to in Clause (1) of this Article shall be established in any of the following cases: a. If the share of any undertaking, singly or in partnership with other undertakings, in the relevant market exceeds the percentage of the total transactions in the relevant market as determined by the Cabinet; b. When having the ability to influence, which would cause harm to the relevant market as indicated in the Executive Regulations of this Decree-Law.
Interpretation and application must be checked against the official text and current version.