(1) Where the Regulator -

(a) determines, as a result of market analysis carried out by it in accordance with Regulation 49 that a given retail market identified in accordance with Regulation 46(1) is not effectively competitive, and

(b) concludes that the obligations imposed under Regulations 51 to 56 would not result in the achievement of the objectives set out in section 12 of the Act of 2002 and Regulation 4,

the Regulator shall impose such obligations, as it considers appropriate to achieve those objectives, on undertakings identified by the Regulator under Regulation 49(9), as having significant market power on a given retail market.

(2) Any obligations imposed by the Regulator under paragraph (1) shall be based on the nature of the problem identified under the market analysis and be proportionate and justified in the light of the objectives set out in section 12 of the Act of 2002 and Regulation 4, and may include requirements to ensure that the undertaking concerned does not -