No. 2 of 1998
(a)
(b)
(c)
Kenya Information and Communications
[Rev. 2018]
any abuse by an licensee, either independently or with others, of a
dominant position;
entering any agreement or engaging in any concerted practice
with any other party, which unfairly prevents, restricts or distorts
competition or which—
(i) directly or indirectly fix purchase or selling prices or any other
trading conditions;
(ii) limit or control production, markets, technical development or
investment;
(iii) share markets or sources of supply;
(iv) apply dissimilar conditions to equivalent transactions with
other trading parties, thereby placing them at a competitive
disadvantage;
(v) make the conclusion of contracts subject to acceptance by
the other parties of supplementary obligations which, by their
nature or according to commercial usage, have no connection
with the subject of such contract.
the effectuation of any anti-competitive conduct in the
communications sector.
[Act No. 1 of 2009, s. 31, Act No. 41A of 2013, s. 31.]
84T. Complaints and investigation by the Commission
(1) The Commission may, on its own motion, investigate any licensee who
commits any act or omission in breach of fair competition.
(2) Any person having a complaint of a breach of fair competition against a
licensee shall lodge a complaint to the Commission and the Commission shall,
if it appears that a breach of fair competition has been or is being committed,
investigate the act and omission and give written notice to the licensee stating—
(a) that the Commission is investigating a possible breach of fair
competition;
(b) the reasons for the suspicion of a contravention or breach, including
any matter of facts or law which are relevant to the investigation;
(c) further information required from the licensee in order to complete the
investigations; and
(d) where appropriate, the steps to be taken in order to remedy breach.
(3) The licensee issued with a notice under subsection (2) may, within thirty
days from the date of the notice, make representations in response to the notice
and give to the Commission all information required under the notice.
(4) Any person affected by the contravention or breach of fair competition may
similarly make representation to the Commission in relation thereto.
(5) The Commission shall, after considering any representations of the licensee
or any other person fix a date on which to make a decision on the matter.
(6) Where the Commission makes a decision that a licensee has engaged in
anti-competitive conduct, the Commission may—
(a) order the licensee to stop the unfair competition;
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