Bob, I would look at the fundamentals.

1. who should regulate MPESA/ZAP phenomena (CCK? Central Bank, both, etc?)
2. what makes a player dominant and when is a player deemed to be abusing their dominant position?
3.. what (legal/regulatory) options are available to whichever regulator in containing a hostile dominant player
4. is there sufficient (political) guts to make a ruling?

i have no answers, just thinking loudly.
walu.

--- On Tue, 9/22/09, robert yawe <robertyawe@yahoo.co.uk> wrote:

> From: robert yawe <robertyawe@yahoo.co.uk>
> Subject: [kictanet] MPESA - Monopolies commission
> To: jwalu@yahoo.com
> Cc: "KICTAnet ICT Policy Discussions" <kictanet@lists.kictanet.or.ke>
> Date: Tuesday, September 22, 2009, 8:10 PM
> Hi,
>
> I have been monitoring the growth of MPesa and I am getting
> concerned that we shall soon be held ransom if its growth is
> not monitored and their none competitive activities
> stopped.
>
> We are more concerned about number portability yet this
> will only benefit a few foreign investors yet mpesa has
> become so
>
> pervasive
>
> yet the tax consuming regulators do nothing to protect the
> consumer.
>
> The success of safaricoms mpesa has been so meteoric that
> it has scollen their heads to the point that there officers
> have become more powerful than the dreaded mungiki.
> They determine who can open an outlet where and which outlet
> will be shutdown.
>
> On the other extreme is the terms that the agents are
> giving such as they cannot provide the services of a
> competing provider. Imagine if KCC or Elliots wher
> giving the power to determine who can ot cannot sell their
> products and also require that you do not sell a competing
> product where would the milk and bread industry be today.
>
> If even KBL realised that a retailer must be free to decide
> which products to sell and not be bullied into selling the
> products of a particular brewer.
>
> Competition is about a level playing field of which the
> money transfer business it not, why should a grandmother in
> Budalangi or Kangaita who has a Zaine line be denied the
> opportunity to receive funds from her grand children because
> the only shop keeper within a 5 KM radius of her home is not
> allowed to offer multiple money transfer products, yet he
> can sell Tuzo, Brookside, Fresha, Haifa or any other brand
> of milk.
>
> We are regressing very first and unless the regulators do
> what they are paid to do with our hard earned taxes then we
> soon shall be be cornered. This keeps looking like the
> mark of the demon that is quoted in the bible.
>
> Somebody stop this madness.
>
> Robert Yawe
>
> KAY System Technologies Ltd
>
> Phoenix House, 6th Floor
>
> P O Box 55806 Nairobi, 00200
>
> Kenya
>
>
>
> Tel: +254722511225, +254202010696
>
>
>
>
>
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>
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