9.1 The Director may, in accordance with the procedure set out in paragraph 6 of Part 1 of this Licence, determine the Licensee to be an Operator having market influence in relation to any particular market specified by him where the Licensee has the ability to raise prices above the competitive level in that market for a non-transitory period without losing sales to such a degree to make this unprofitable. In making such a determination, the Director may, in addition to any other factors which appear relevant to him, take into account all or any of the following factors:
level of entry barriers;
vertical integration;
number of active competitors;
market share;
extent of countervailing power among buyers;
the extent of any recent market entry or exit;
trends in market share and concentration;
pricing behaviour;
the level of profits; and
the influence of other members of the Licensee’s Group operating in the same or similar markets which the Director is minded to specify for the purpose of this Condition.