D.1 This Annex contains draft guidelines on the approach which Oftel is likely to adopt to the interpretation and application of the proposed general condition on anti-competitive practices; and similar guidelines in respect of the four conditions on inter-connection and accounting separation which were introduced into BT's licence on 31 March 1995.
D.2 As noted in Section Two above, the Director General proposes to delete a number of conditions in BT's licence which deal with aspects of competition and fair trading. The types of behaviour that have fallen to be controlled by those individual conditions would in future fall to be dealt with under the proposed general condition on the anti-competitive practices. These guidelines do not set out the approach to be taken under that condition to all the areas dealt with in the conditions to be deleted: in due course, they may need to be extended so as to achieve this. In the meantime, it should be assumed that any anti-competitive behaviour arising in those areas would be treated according to the principles underlying the current draft of these guidelines.
D.3 The second set of draft guidelines in this Annex sets out the approach which Oftel is likely to adopt to the interpretation and application of the following existing conditions.
D.4 Both sets of proposed guidelines are a new departure for Oftel and we are anxious to make them as useful as possible in terms of coverage and clarity. Comments are invited on all aspects of both sets of guidelines, but in particular on the questions summarised below.
D.5 There are limits on the certainty which any such guidelines can provide. For instance, they cannot bind the Director General and they will undoubtedly change in the future as the market itself changes. The Director General's decisions will, of course, still continue to depend on the exact circumstances of each case. Given those limitations, however, the industry will find that we have drawn on our 11 years of experience to cover a wide range of important issues. The guidelines give an indication of the weight which the Director General will attach to particular factors in reaching decisions.
D.6 It is not intended that the guidelines should be set in stone. They will need to be amended as experience gained as to reflect new circumstances. Oftel intends that they will be reviewed annually and changes made as necessary. Interim changes might be made more frequently if cases considered threw up major points which needed to be reflected in the guidelines without delay. Proposals which Oftel is currently considering for making its decision-making more transparent would encompass publishing details not only of decided cases but also of any implications which such decisions held for the applicability of the existing guidelines, or for any desirable changes to them.
D.7 Oftel would welcome comments on any aspect of the proposed guidelines. However, while commenting on them respondents may like to bear in mind the following questions:
1. Do the guidelines cover the main areas of likely anti-competitive behaviour?
2. Are they at the right level of detail?
3. Are they appropriate? If not, what should be changed, and why?
4. What is the best way of ensuring that they are kept up to date?
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