|CHAPTER 411A - KENYA INFORMATION AND COMMUNICATIONS ACT | HOME|
|84S. Anti- competitive conduct|
|Modification of conditions of licence.||National Communication Secretariat.|
|Anti- competitive conduct. 1 of 2009 s.31||
84S. (1) The Commission may, on its own motion or upon complaint, investigate any licensee whom it has reason to believe or is alleged to have committed any act or omission, or to have engaged in a practice, in breach of fair competition or equal access.
(2) Without limiting the generality of subsection (1) an act or omission shall include —
(a) any abuse by an licensee, either independently or with others, of a dominant position which unfairly excludes or limits competition between such operator and any other party;
(b) entering any agreement or engaging in any concerted practice with any other party, which unfairly prevents, restricts or distorts competition or which;
(i) directly or indirectly fix purchase or selling prices or any other trading conditions;
(ii) limit or control production, markets, technical development or investment;
(iii) share markets or sources of supply;
(iv) apply dissimilar conditions to equivalent transactions with other trading parties, thereby placing them at a competitive disadvantage;
(v) make the conclusion of contracts subject to acceptance by the other parties of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject of such contract.
(c) the effectuation of anti-competitive changes in the market structure and in particular, anti-competitive mergers and acquisitions in the communications sector.