Rev. 2011]
Kenya Information and Communications
SCHEDULE
CAP. 411A
(r. 3A (2) (d))
GUIDELINES
Guidelines to Address Regulation 3A (2) (c) (i)—
When considering whether competition cannot develop with existing
players under Regulation 3A(c)(i) of these Regulations, the Commission shall
consider the following factors—
(a) Current market shares and their evolution over time;
(b) Price trends and pricing behaviour for the services under analysis;
(c) Control of an infrastructure non easily duplicated;
(d) Barriers to expansion;
(e) Product or service diversification; or
(f) such other factors as the Commission may consider from time to
time.
Guidelines to Address Regulation 3A (2)(c) (ii) –
The Commission shall consider all the factors indicated below in order to
assess the existence of high and non-transitory barriers to entry under Regulation
3A(c) (ii) of the Regulations:
(a) Existence of sunk costs;
(b) Scale and scope economies;
(c) Control of an infrastructure not easily duplicated;
(d) Technological advantages;
(e) Easy or privileged access to capital or financial resources;
(f) Barriers to development of distribution and sales network;
(g) Switching costs and product diversification;
(h) Vertical integration;
(i) Requirement for an administrative authorization or licence in
order to operate in the market and conditions for obtaining such
an authorization;
(j) Limits and conditions attached to the use of spectrum;
203
[Subsidiary]
L.N. 149/2010.