Rev. 2011]
Kenya Information and Communications
CAP. 411A
213
[Subsidiary]
complaint made by a licensee, conduct an investigation to determine if the in respect of
conduct of a communications licensee gives rise to a competition concern competition
under paragraph (2).
concerns.
(2) Competition concerns shall arise where there is a likelihood that a
licensee will engage in any of the following practices—
(a) directly or indirectly impose purchase or selling prices or
other trading conditions that unfairly prevent, restrict or distort
competition;
(b) limit production, markets or technical development to the prejudice
of consumers and other licensees;
(c) apply dissimilar conditions to equivalent transactions with other
trading parties, thereby placing them at a competitive disadvantage;
(d) maketheconclusionofcontractssubjectto acceptance by the other
parties of supplementary obligations which, by their nature or
according to commercial usage, have no connection with the subject
of the contracts; and
(e) any other practices that the Commission may determine from
time to time.
(3) Where the Commission determines that there is a competition
concern, it may impose appropriate and proportionate remedies in accordance
with regulation 9.
Interconnection
9. (1) Where the Commission has, pursuant to paragraph 8A, found a obligations of a
competition concern, the Commission may impose any or all of the following dominant
remedies—
telecommunications
service provider.
(a) meet all reasonable requests for access to its public
L.N. 150/2010.
telecommunications network, in particular access at any technically
feasible point on its telecommunications network;
(b) adhere to the principle of non-discrimination with regard to
interconnection offered to other interconnecting licensees,
particularly—
(i) apply similar conditions in similar circumstances to interconnecting licensees providing similar services and
(ii) provide interconnection facilities and information to other
telecommunications licensees under the same conditions and
of the same quality as it provides for its own services or those
of its affiliates or subsidiaries;
(c) make available, on request, to other interconnecting licensees
considering interconnection with its public telecommunications
network, all information and specifications reasonably necessary, in