80
CAP. 411A
Kenya Information and Communications
[Rev. 2011
(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.
Complaints and
investigation by the
Commission.
1 of 2009, s.31.
84T. (1) The Commission may, on its own motion, investigate
any licensee who commits any act or omission in breach of fair
competition.
(2) Any person having a complaint of a breach of fair competition
against a licensee shall lodge a complaint to the Commission and the
Commission shall, if it appears that a breach of fair competition has
been or is being committed, investigate the act and omission and give
written notice to the licensee stating—
(a) that the Commission is investigating a possible breach of
fair competition;
(b) the reasons for the suspicion of a contravention or breach,
including any matter of facts or law which are relevant to
the investigation;
(c) further information required from the licensee in order to
complete the investigations; and
(d) where appropriate, the steps to be taken in order to remedy
breach.
(3) The licensee issued with a notice under sub-section (2) may,
within thirty days from the date of the notice, make representations