Rev. 2011]
Kenya Information and Communications
CAP. 411A
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(a) amount of levy;
(b) levels of subsidies to licensees;
(c) conditions for the grant of a loan;
(d) mechanisms for collection of the levy; or
(e) prescribing anything that may prescribed under this Part.
Part VIC—Fair Competition and Equal Treatment
84Q. A licensee under this Act shall not engage in activities,
on anti-competitive
which have or are intended to or likely to have the effect of unfairly conduct.
preventing, restricting or distorting competition where such act or 1 of 2009, s.31.
omission is done in the course of, as a result of or in connection with
any business activity relating to licensed services.
General prohibition
84R. (1) The Commission shall ensure that there is fair Commission
competition in the sector and in this regard may make a determination to ensure fair
competition.
in the licensed system and services.
1 of 2009, s. 31.
(2) Without prejudice to the generality of the foregoing the
Commission shall in the performance of its functions under this Act,
promote, develop and enforce fair competition and equality of treatment
among licensees.
(3) The Minister may, in consultation with the Commission,
make regulations for the better carrying out of the provisions under
this Part.
84S. (1) The Commission may, on its own motion or upon Anti-competitive
complaint, investigate any licensee whom it has reason to believe or is conduct.
alleged to have committed any act or omission, or to have engaged in 1 of 2009, s. 31.
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;