The Liberalisation of the Telecommunications Sector in Sub-Saharan Africa and Fostering Competition in...

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Rachel Alemu

The Liberalisation of the Telecommunications Sector in Sub-Saharan Africa and Fostering Competition in Telecommunications Services Markets

An Analysis of the Regulatory Framework in Uganda

Rachel Alemu

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English

Springer-Verlag Berlin and Heidelberg GmbH & Co. K
09 February 2018

Postal & telecommunications industries; International economic & trade law; International communications & telecommunications law; Competition law & Antitrust law

Series: Munich Studies on Innovation and Competition

This study investigates whether the existing regulatory framework governing the telecommunications sector in countries in Sub-Saharan Africa effectively deals with emerging competition-related concerns in the liberalised sector. Using Uganda as a case study, it analyses the relevant provisions of the law governing competition in the telecommunications sector, and presents three key findings: Firstly, while there is comprehensive legislation on interconnection and spectrum management, inefficient enforcement of the legislation has perpetuated concerns surrounding spectrum scarcity and interconnection. Secondly, the legislative framework governing anti-competitive behaviour, though in line with the established principles of competition law, is not sufficient. Specifically, the framework is not equipped to govern the conduct of multinational telecommunications groups that have a strong presence in the telecommunications sector. Major factors hampering efficient competition regulation include Uganda’s sole reliance on sector-specific competition rules, restricted available remedies, and a regulator with limited experience of enforcing competition legislation. The weaknesses in the framework strongly suggest the need to adopt an economy-wide competition law. Lastly, wireless technology is the main means through which the population in Uganda accesses telecommunications services. Greater emphasis should be placed on regulating conduct in the wireless communications markets.

By: Rachel Alemu
Imprint: Springer-Verlag Berlin and Heidelberg GmbH & Co. K
Country of Publication: Germany
Edition: 1st ed. 2018
Volume: 6
Dimensions: Height: 235mm, Width: 155mm,
Weight: 958g
ISBN: 9783662553176
ISBN 10: 3662553171
Series: Munich Studies on Innovation and Competition
Pages: 389
Publication Date: 09 February 2018
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

Introduction.- Competition and Regulation of the Telecommunications Sector.- Liberalisation of the Telecommunications Sector: From Public Monopoly to Competitive Telecommunications Markets.- Regulating Anti-Competitive Conduct in the Telecommunications Market in Uganda.- Foreign Direct Investment in Telecommunications Sector and Regulation of Anti-Competitive Behaviour: The Specific Case of Cross-Border Mergers.- Regulation of Network Interconnection and Network Access.- Efficient Radio Spectrum Regulation: Facilitating Competition in the Wireless Communications Markets in the Telecommunications Sector.- Competition Regulation in the Telecommunications Sector in Uganda: The Potential Role of a National Competition Law.- Final Conclusions.