Section 149 (2) (b) of the CMA states that:
“S.149 The Access provided by one Provider (“the first provider”) to another provider under subsection (1) shall be:
a. on an equitable and a non-discriminatory basis.”
As stated under section 4.1.6 of the MSA, the term “non-discriminatory” requires comparison of:
a. The basis on which a thing is provided by the Access Provider to an Access Seeker; with
b. The basis on which that thing is provided by the Access Provider to itself and to other Access Seekers who are similarly situated
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