LLM Theses and Dissertations (2024)

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Browsing LLM Theses and Dissertations (2024) by Author "Ojango, A. A."

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    Telecommunications sector in Kenya: legal strategies against anticompetitive conduct
    (Strathmore University, 2024) Ojango, A. A.
    The telecommunications industry in Kenya is still experiencing anticompetitive conduct even though there are laws and regulatory agencies to address anticompetitive behaviors. Anchored on the neoliberal competition theory and the economic welfare theory, this study interrogated the legal and regulatory framework for competition in Kenya to establish whether it is adequate in curbing anticompetitive behavior in the Kenyan telecommunications industry. The study used doctrinal research methodology to analyze the various anticompetitive conducts in the telecommunication industry. The study sought to analyze what the anticompetitive practices were in the telecommunications industry in general and examine the relevant laws in Kenya to establish their adequacy in addressing the anticompetitive practices in the Kenyan telecommunications industry as categorized in the various themes. The findings of the study revealed that there are various anticompetitive behaviors in the telecommunications industry that may be categorized in five themes. The findings of the study also revealed that the Kenyan law that regulates anticompetitive practices was not adequate enough to address all the anticompetitive practices that occur in the telecommunications industry in Kenya. Based on these findings the main recommendations of this study are the inclusion of, in the legal and regulatory framework, a comprehensive list of and comprehensive definitions of anticompetitive conduct in the telecommunications industry that are not addressed by the relevant law as it is currently. It is anticipated that the study will be relied on to improve the legal and regulatory framework for competition in the telecommunications industry in Kenya so that it is more comprehensive to adequately curb anticompetitive behaviors experienced in the telecommunications industry in Kenya.