1.1. is not subject to fair competition on the market;
1.2. it has important power in the market compared to its existing or potential competitors, therefore, it is particularly taken into consideration:
1.2.1. his participation and position on the corresponding market
1.2.2. his financial power;
1.2.3. his approach towards supplies or markets;
1.2.4. his connections with other enterprises;
1.2.5. legal or factual obstacles of other enterprises on the market;
1.2.6. current or potential competition with enterprises established inside or outside Kosovo.
2. An enterprise is considered to have a dominant position if it has more than twenty five percent (25%) presence at the market.This presence shall not be considered a dominant position in case the respective enterprise arguments that it is exposed to a competition or does not have a superior position in the market compared to its competitors, taking into consideration facts specified with sub-paragraph 1.2 of this paragraph.
3. Two or more independent enterprises may be in a dominant position if, in relation to their competitors they operate jointly on the relevant market and if their general market share is higher than forty percent (40%) (collective dominance position).
4. The burden of ascertaining that a participant has the dominant position in the market, whose share in the relevant market is lower than twenty five percent (25%), respectively in cases of collective dominance is lower than forty percent (40%), falls on the authority.
1.Abuse of a dominant position by one or more enterprises on the corresponding market is prohibited, in particular if:
1.1. direct or indirect setting of unreal purchase or sale prices and other unfair trade conditions, respectively;
1.2. limitation of production, markets or technological development to the prejudice of consumers;
1.3. implementation of different conditions for similar duties with other enterprises thereby placing them in a disadvantageous competitive position;
1.4. agreeing on contracts under condition that other contracting parties accept additional obligations;
1.5. setting prices or other conditions, the objective or the result of which is to prevent entering or exclude certain competitors or one of their products from the relevant market;
1.6. refusal of entrance of another enterprise, by giving an appropriate compensation, in the network or infrastructures of the enterprise with dominant position, if this refusal for usage of the network or infrastructures prevents the other enterprise to act as a competitor of the enterprise with dominant position.
1. The Authority, pursuant to Article 10 and 11 of this law, by way of decision for abuse of dominant postion ascertains:
1.1. existence of dominant position, activity of enterprise with which the competition is violated on the market, and the time period of such activities;
1.2. prohibits any further activity of enterprises from sub-paragraph 1.1 of this paragraph;
1.3. measures, conditions and terms for eliminating damaging effects of such activities;
1.4. pronounces punishment measures in compliance with provisions of this law.