s 138 Guidelines as to the meaning of “dominant position”
(1) The Commission may publish guidelines which clarify how it will apply the test of “dominant position” to a licensee. (2) The guidelines may specify the matters which the Commission may take into account, including— (a) the relevant economic market; (b) global technology and commercial trends affecting market power; (c) the market share of the licensee; (d) the licensee’s power to make independent rate setting decisions; (e) the degree of product or service differentiation and sales promotion in the market; and (f) any other matters which the Commission is satisfied are relevant.