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 subsection 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.