Competition Regulation in the Telecommunications Sector in Uganda: The Potential Role of a National Competition Law

Abstract

This thesis has analysed the key regulatory aspects crucial for developing and maintaining competitive telecommunications markets in Uganda. The specific aspects are: anti-competitive behaviour in the telecommunications markets including anti-competitive cross-border mergers, interconnection and network access and spectrum management. One key issue that has been addressed in the analysis of the three aspects is whether sector-specific rules are sufficient. The issue has been answered in the affirmative with regard to regulation of interconnection and network access and spectrum management. Both the Interconnection Regulations and Spectrum Regulations are very comprehensive with the key problem being the slow process of implementation of the provisions of the law. However, the same cannot be said for the regulation of anti-competitive behaviour. The analysis of the Fair Competition Regulations suggests that the sector-specific competition rules are inadequate for purposes of regulating anti-competitive behaviour in the telecommunications sector. Uganda’s telecommunications sector is governed exclusively by sector-specific rules. One key weakness of the sector-specific rules is the limited powers and remedies available to UCC when regulating cross sector or cross-border conduct. The second weakness relates to enforcement of the rules by UCC. While there are clear examples of UCC taking steps to address competition concerns in the area of interconnection and spectrum management, UCC’s involvement in the implementation of the Fair Competition Regulations has been negligible. This gives rise to the question whether economy-wide competition law can play a role in fostering effective regulation of anti-competitive behaviour in the telecommunications sector.