Grace, Listers
This is still very much work in
progress.
It would appear that the Competition Authority has not addressed
itself to exceptions to the principles of Competition Law. One major such
exception is the Telecommunications Sector where companies are allowed to align
behaviour with that of competitors by negotiating Interconnection Agreements,
without appearing to collude (so called “concerted practices” , an offence
under competition law), rather than compete.
There is compelling amount of
knowledge on this subject at least from 1990.The 1997 EU Interconnection Directive is a good starting point.EU
Access Directive would explain further. Some lessons could also be
learned from “The Application of the Competition Act in the Telecommunications
sector” (Oftel January 2000).
However, I see some light at the
end of the tunnel.
Only this April 2015(see CA website), CA and IFC signed an Agreement on “Competition
Regulation for promoting market competition through developing a collaboration
framework in light of the concurrent jurisdiction over competition matters between CA and the Competition Authority of Kenya (CAK)”
Do I need say
more!
John Kariuki
From: Grace Githaiga via kictanet <kictanet@lists.kictanet.or.ke>
To: ngethe.kariuki2007@yahoo.co.uk
Cc: Grace Githaiga <ggithaiga@hotmail.com>
Sent: Tuesday, 28 April 2015, 0:03
Subject: [kictanet] Safaricom gets crucial support in battle with CA