204
CAP. 411A
Kenya Information and Communications
[Rev. 2011
[Subsidiary]
(k) Effects of general regulation over new entrants.
Guidelines to Address Regulation 3A (2) (c) (iii)—
The commission shall consider all the factors indicated below in order to
assess the insufficiency of competition law to address the competition concern
identified in sub-regulations 4 (c), condition 3A (2) (c) of these Regulations.
(a) Degree of generalization of non-competitive behaviour associated
to the competition concern;
(b) Degree of difficulty to address the competition concern;
(c) Expected damaged created by non-competitive behaviour
associated to the competition concern;
(d) Need of regulatory intervention to ensure the accomplishment of
the objectives stated in Regulation 3(2).
Guidelines to address Regulation 3A(2)(c) (iv)
When considering a retail service, the Commission shall consider whether
the identified competition concern can be addressed with—
(a) existing remedies imposed in related wholesale markets; or
(b) alternative wholesale remedies.
The analysis of the alternative measures shall consider the costs
and benefits associated with each option and the impact for the different
undertakings, following a Regulatory Impact Assessment (RIA).