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

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This study investigates the effectiveness of the regulatory framework governing the telecommunications sector in Sub-Saharan Africa, focusing on Uganda. It analyzes the competition law provisions relevant to telecommunications and presents three key findings. First, despite comprehensive legislation on interconnection and spectrum management, inefficient enforcement has led to ongoing issues with spectrum scarcity and interconnection. Second, while the anti-competitive behaviour framework aligns with established competition law principles, it is inadequate for addressing the conduct of multinational telecommunications groups with significant market presence. Factors hindering effective competition regulation include Uganda’s reliance on sector-specific rules, limited remedies, and a regulator lacking experience in enforcing competition legislation. These weaknesses indicate a pressing need for an economy-wide competition law. Lastly, wireless technology is the primary means for Ugandans to access telecommunications services, highlighting the importance of regulating conduct in wireless communications markets.