Abusive conduct by an undertaking with significant market power

(1) An undertaking with significant market power may not abuse that position vis-à-vis end users or other undertakings. Abuse exists, in particular, where the undertaking 1. directly or indirectly impedes other undertakings in an inequitable manner, or 2. materially impairs the competitive opportunities of other undertakings on a telecommunications market. Conduct under the second sentence, point 2, does not constitute abuse where an objective justification for it is demonstrated.
(2) Abuse within the meaning of subsection (1), second sentence, point 2, is presumed where 1. the undertaking grants individual customers, including itself or its subsidiaries or partner undertakings, advantages over other customers of equivalent or similar services, or 2. the undertaking fails to comply with its obligation under section 28(1) by delaying the processing of access applications.
(3) Where facts become known, or are brought to the attention of, the Federal Network Agency that justify the assumption that abuse under subsection (1) exists, the Federal Network Agency initiates review proceedings without delay and notifies the undertaking concerned in writing or electronically. It generally decides, within a period of four months from the initiation of proceedings, whether an abuse of a dominant position exists.
(4) Where the Federal Network Agency finds, in its review under subsection (3), that abuse by an undertaking with significant market power exists, it takes measures to bring the abuse to an end. For this purpose, it may require or prohibit particular conduct by the undertaking. It may declare contracts ineffective, in whole or in part.