Safaricom gets crucial support in battle with CA
Telecoms operator Safaricom has received crucial support in its war with the Francis Wangusi-led Communications Authority of Kenya (CA) which wants to automatically declare it a dominant player in the market.The support came from the Competition Authority of Kenya (CAK), the consumer markets referee, which has poked holes into Mr Wangusi’s draft regulations that will from mid-June declare Safaricom a dominant player on grounds that it controls more than 50 per cent of the telecoms market. http://www.businessdailyafrica.com/Corporate-News/Safaricom-gets-crucial-sup...
Grace, Listers This is still very much work inprogress. It would appear that the Competition Authority has not addresseditself to exceptions to the principles of Competition Law. One major suchexception is the Telecommunications Sector where companies are allowed to alignbehaviour with that of competitors by negotiating Interconnection Agreements,without appearing to collude (so called “concerted practices” , an offenceunder competition law), rather than compete. There is compelling amount ofknowledge on this subject at least from 1990.The 1997 EU Interconnection Directive is a good starting point.EUAccess Directive would explain further. Some lessons could also belearned from “The Application of the Competition Act in the Telecommunicationssector” (Oftel January 2000). However, I see some light at theend of the tunnel. Only this April 2015(see CA website), CA and IFC signed an Agreement on “CompetitionRegulation for promoting market competition through developing a collaborationframework in light of the concurrent jurisdiction over competition matters between CA and the Competition Authority of Kenya (CAK)” Do I need saymore! 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 <!--#yiv1146361570 .yiv1146361570hmmessage P{margin:0px;padding:0px;}#yiv1146361570 body.yiv1146361570hmmessage{font-size:12pt;font-family:Calibri;}--> Telecoms operator Safaricom has received crucial support in its war with the Francis Wangusi-led Communications Authority of Kenya (CA) which wants to automatically declare it a dominant player in the market.The support came from the Competition Authority of Kenya (CAK), the consumer markets referee, which has poked holes into Mr Wangusi’s draft regulations that will from mid-June declare Safaricom a dominant player on grounds that it controls more than 50 per cent of the telecoms market. http://www.businessdailyafrica.com/Corporate-News/Safaricom-gets-crucial-sup... _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/ngethe.kariuki2007%40y... The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development. KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.
Many thanks for that insight Engineer Wainaina. Regards On 4/29/15, John Kariuki via kictanet <kictanet@lists.kictanet.or.ke> wrote:
Grace, Listers
This is still very much work inprogress. It would appear that the Competition Authority has not addresseditself to exceptions to the principles of Competition Law. One major suchexception is the Telecommunications Sector where companies are allowed to alignbehaviour with that of competitors by negotiating Interconnection Agreements,without appearing to collude (so called “concerted practices” , an offenceunder competition law), rather than compete.
There is compelling amount ofknowledge on this subject at least from 1990.The 1997 EU Interconnection Directive is a good starting point.EUAccess Directive would explain further. Some lessons could also belearned from “The Application of the Competition Act in the Telecommunicationssector” (Oftel January 2000).
However, I see some light at theend of the tunnel. Only this April 2015(see CA website), CA and IFC signed an Agreement on “CompetitionRegulation for promoting market competition through developing a collaborationframework in light of the concurrent jurisdiction over competition matters between CA and the Competition Authority of Kenya (CAK)”
Do I need saymore!
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
<!--#yiv1146361570 .yiv1146361570hmmessage P{margin:0px;padding:0px;}#yiv1146361570 body.yiv1146361570hmmessage{font-size:12pt;font-family:Calibri;}--> Telecoms operator Safaricom has received crucial support in its war with the Francis Wangusi-led Communications Authority of Kenya (CA) which wants to automatically declare it a dominant player in the market.The support came from the Competition Authority of Kenya (CAK), the consumer markets referee, which has poked holes into Mr Wangusi’s draft regulations that will from mid-June declare Safaricom a dominant player on grounds that it controls more than 50 per cent of the telecoms market. http://www.businessdailyafrica.com/Corporate-News/Safaricom-gets-crucial-sup...
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The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.
KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.
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participants (3)
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Barrack Otieno
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Grace Githaiga
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John Kariuki