Chapter III Criteria to Designate Significant market powers
To designate an entity that has significant power to influence market price or service terms according to Subparagraph 1, Paragraph 1, Article 28 of the Act, the competent authority may consider the following factors:
1. Relative scale of business;
2. Market entry barrier（s）;
3. Technical and commercial advantage（s）;
4. Dominating position in capital market or access to capital.
The following criteria may be taken into consideration for the announcements of percentages pursuant to Subparagraph 2, Paragraph 1, Article 28 of the Act:
1. For an entity that has 40% or more of market share in the specific telecommunications market（referred to as the market hereinafter）, the competent authority may consider the market structure for certification of significant market power;
2. For an entity that has 50% or more of market share, it is considered a significant market power.
The market share percentage mentioned in the preceding paragraph shall be determined based on the number of subscribers or revenue from the specific telecommunications service.
A telecommunications enterprise whose total revenues of the previous fiscal year does not reach 2 billion New Taiwan Dollars shall not be considered as significant market powers under these Regulations.