This section has no associated Explanatory Memorandum
23.—(1) Section 78 (circumstances required for the setting of SMP conditions) is amended as follows.
(2) For subsection (2) substitute—
“(2) References in this section to dominance of a market are to be construed, so far as it is appropriate to do so for the purposes of this Chapter, in the same way as the reference in section 18(1) of the Competition Act 1998 to a dominant position in a market.”
(3) Omit subsection (5).