OECD kpcdb

1. Scope

 

In PNG, being a monopoly, holding of substantial market power or dominant position is not prohibited. However, abuse of such position is prohibited.

 

Section 58 prohibits a person that has a substantial degree of market power from taking advantage of that market power for the purpose of: (i) restricting entry into that or any other market, or (ii) preventing or deterring person from engaging in competitive conduct in that or any other market, or (iii) eliminating a person from that or any other market.

 

Whilst there were several cases of abuse of market power being investigated, so far the ICCC has not brought any such cases to the Court. 

 

Exemption: Under Section 67, conduct in connection with a license of a statutory intellectual property right is exempt from the application of Section 58.

 

2. Assessment 

 

The ICCC does not depend on a certain specific criteria to determine substantial market power or dominant position. It is yet to issue any guidelines on how substantial market power may be determined. 

 

Currently, it is the practice of the ICCC to generally take into account factors like market share, barriers to entry, and whether other competitors can constrain the conduct of the firm.

 

3. Remedies and sanctions

 

See Section I.IV above on Remedies and Sanctions.

 

 

* This information is based on Competition Law in Asia-Pacific: A Guide to Selected Jurisdictions (2018).