: (1) Any establishment having a dominant position shall not cause such position to be misused for the purpose of controlling competition while producing or distributing any goods or services by itself or through its affiliates. Explanation: For the purposes of this section, "dominant position" means any person or establishment producing or distributing any goods or services, alone or jointly with other establishments producing or distributing goods or services of a similar nature, at least forty percent of the annual production or distribution of such goods or services within the State of Nepal. The status of having a percentage or more share or such an establishment alone or with other persons or establishments producing or distributing goods or services of a similar nature can influence the related market or can implement its decisions unilaterally.
(2) Any establishment having a dominant position contrary to the universality of sub-section (1) shall be deemed to have abused its dominant position if it does any of the following acts throughout the State of Nepal or in any area of ​​the State of Nepal:-
(a) Prohibiting or restricting the market entry of any goods or services produced or imported by any other person or establishment producing or distributing goods or services of a similar nature,
(b) limiting or controlling the production or distribution of any goods or services, or limiting or prohibiting the investment for the development of technology related to the production or distribution of such goods or services, in such a way that supply may be reduced in the market without reasonable cause,
(c) maintaining a difference in the purchase or sale price of any goods or services in the market of the same geographical area without reasonable cause or prescribing additional conditions for the purchase or sale of such goods or services,
(d) To set the price of the goods or services produced or distributed by him in such a way that there is no direct or indirect competition in the market, but the concerned establishment shall take prior approval from the Government of Nepal or the authorized officer according to the prevailing law.Nothing written in this section shall be deemed to have an adverse effect on determining the price of such goods or services or modifying the price of any such goods or services.
(e) reducing the quantity of goods or services produced or distributed by him or reducing the quality of such goods or services without reasonable cause, adversely affecting the consumers,
(f) To impose conditions unrelated or unnecessary to such goods or services while producing or distributing any goods or services.
(3) Notwithstanding anything written in sub-section (2), it shall not be considered as abuse of a dominant position if it is proved that any of the following acts have been committed as per that sub-section:-
(a) Any person or establishment having a dominant position has taken any action to increase the quality of the product or service being produced or distributed or to improve its technical level and if the return obtained from such action is in the interest of the consumer who consumes such product or service, br> (b) For doing such an act for the protection or promotion of any kind of intellectual property acquired by a person according to the prevailing law.
(4) For the purpose of this section, the board shall prepare a list of establishments having a dominant position in producing or distributing various goods or services and publish it publicly from time to time.
(5) The dominant status of such establishments shall be deemed to remain until the list as per sub-section (4) is modified.