[kictanet] Safaricom gets crucial support in battle with CA

[John Kariuki]

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 at lists.kictanet.or.ke>
 To: ngethe.kariuki2007 at yahoo.co.uk 
Cc: Grace Githaiga <ggithaiga at hotmail.com> 
 Sent: Tuesday, 28 April 2015, 0:03
 Subject: [kictanet] Safaricom gets crucial support in battle with CA
   
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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-support-in-battle-with-CA/-/539550/2698158/-/52irq8/-/index.html 
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