Rev. 2011]
Kenya Information and Communications
CAP. 411A
(c) provide market incentives for licensees to operate efficiently;
and
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[Subsidiary]
(d) promote efficient and fair competition within the framework for
a free market economy;
(e) ensure compliance with all competition laws.
(3) In the exercise of its powers, the Commission shall ensure that
decisions made pursuant to the provisions of these Regulations are consistent
with the objectives outlined in paragraph (2).
3A. (1) The Commission may declare services in specific markets to be Commission to
declare regulated
regulated services.
services.
(2) The Commission shall, prior to making a declaration under paragraph L.N. 149/2010.
(1)—
(a) identify the relevant specific market;
(b) notify all affected licensees and issue a consultation, allowing
sufficient time for stakeholder comments;
(c) demonstrate that there is a competition concern as specified in
regulation 8A(2) of the Kenya Information and Communication
(Fair Competition and Equality of Treatment) Regulations, 2010,
or that a licensee who has been declared to be in a dominant market
position has been found to have abused the dominant market
position, and where there is a competition concern, the Commission
shall, in satisfying itself, demonstrate pursuant to a report prepared
by the Commission that—
(i) effective competition amongst existing licensees cannot develop;
(ii) there exists strong and non-transitory barriers to entry in the
identified market segment;
(iii) there is no other competition law that is sufficient to deal with
the competition concern;
(iv) in the case of a retail service, no wholesale remedies are available to address the competition concern in the identified market
segment; and
(v) such other circumstances that the Commission may consider
necessary from time to time;
(d) follow the guidelines contained in the Schedule to these Regulations
to prepare the report mentioned in paragraph (2) (c);
(e) show that declaring the relevant service to be a regulated service
L.N. 29/2010.