Rev. 2011]
Kenya Information and Communications
CAP. 411A
211
[Subsidiary]
5. (1) The Commission shall, in order to determine whether a particular Determination of
agreement or conduct breaches these Regulations—
breach.
L.N. 150/2010.
(a) evaluate the relevant market or market segment that the agreement,
conduct in question or practice relates;
(b) determine whether the market or market segment is competitive;
and
(c) establish whether a licensee is engaging in anti-competitive
practices.
6. (1) The Commission shall, from time to time, by notice in the Gazette Commission to
designate communications market segments.
designate market
segments.
(2) The Commission shall, when evaluating or designating the relevant L.N. 150/2010.
market segments, consider—
(a) the communications products that constitute a specific market,
whose product dimension shall be assessed by analyzing—
(i) demand-side substitutability in order to measure the extent
to which consumers are prepared or able to substitute other
communications products or services for the communications
products or services subject to considerations at low cost;
(ii) supply-side substitutability to determine the extent to which
suppliers are able to supply other communications products or
services in place of the communications products or services
subject to consideration at low cost;
(b) the geographic scope of the market for a given group of consumers,
considering the following conditions—
(i) the geographic distribution of, and evolution over time of
market shares;
(ii) the pricing of services across the area under consideration;
(iii) pricing of the different operators as well as its evolution over
time in the relevant areas; and
(iv) additional supply and demand characteristics which may indicate the existence of different competitive pressures;
(c) any other factors or issues which are, in the opinion of the
Commission, relevant.
7. (1) The Commission shall from time to time develop and publish, Dominant market
in the Kenya Gazette, guidelines to be followed when determining whether a position.