212
CAP. 411A
[Subsidiary]
L.N. 150/2010.
Kenya Information and Communications
[Rev. 2011
licensee in a dominant market position in a specific communications market.
(2) The criteria shall among others include—
(a) the current degree and development of market concentration or the
market share of the licensee, determined by reference to revenues,
numbers of subscribers or volumes of sales;
(b) the degree to which a licensee’s prices vary over time;
(c) the ability of the licensee to maintain or erect barriers to entry to
the market, including, by means of control of essential facilities,
access to superior technology, privileged access to resources or
capital markets or superior buying or negotiating position, amongst
others;
(d) the ability of the licensee to earn supernormal profits;
(e) the global technology and commercial trends affecting market
power;
(f) the licensee’s power to make independent rate setting decisions;
(g) the degree of product or service differentiation and sales promotion
in the market;
(h) the ability to materially raise prices without suffering a
commensurate loss in service demand to other licensees; and
(i) any other matters which the Commission may consider relevant.
Dominant market
power reports.
L.N. 150/2010.
8. (1) The Commission may on its own motion or on the application of an
interested person, prepare a dominant market power report to determine whether
a license dominant in a service or geographic communications markets.
(2) The Commission shall, among other factors, use the criteria in
regulations 6 (2) and 7(2) when assessing or designating a communications
market.
(3) The Commission may, where it determines in a dominant market
report that a licensee is dominant by considering the criteria established
in regulation 7 (2), it shall declare that licensee as dominant in a specific
communications market.
(4) The Commission may, on its own motion or pursuant to an application
by a licensee, review the dominant market power report to determine whether
a licensee is still dominant and shall within, twenty-one days, make a
determination that the licensee is not dominant or that the licensee shall continue
to be designated as dominant.
Investigations
8A. (1) The Commission may, on its own motion or pursuant to a