Saudi Arabia: Adopted Executive Regulations of the Telecommunications Law including unilateral conduct regulation

On 8 December 2022, the executive regulations of the Telecommunications Law were adopted by Ministerial decisions. Any dominant service provider related to interconnection and access must ensure specific provisions for other service providers. Pricing and terms should be non-discriminatory between service providers. If they request information about interconnectedness or access specifications, dominant service providers are obligated to share such information. If a dominant service provider receives information from a service provider that is considered to be a "competitive advantage", the dominant service provider may not disclose this information to other entities. If a dominant service provider receives a request for an agreement, negotiations (within or outside the Kingdom) should be dealt with based on good faith. This includes not deliberately delaying negotiations, using coercion, deception, or misleading methods to achieve more favourable results. While dominant service providers have additional obligations, general unilateral conduct regulations apply as well. For example, the regulations prohibit any behaviour that hinders market access or service access, pricing unfairly, differing treatment between service providers, and difficult contractual obligations.