- Kenya has about 16 per cent of its inhabitants on Fb, in line with a report filed final 12 months.
- The identical report places Kenya as Africa’s second largest consumer of Twitter, behind South Africa.
Most world know-how companiesv together with Fb, Microsoft, Google, Zoom and Netflix have shoppers in Kenya.
Kenya has about 16 per cent of its inhabitants on Fb, in line with a report filed final 12 months. The identical report places Kenya as Africa’s second largest consumer of Twitter, behind South Africa. The discovering was made after a compilation of the variety of tweets per nation.
Final 12 months there have been considerations raised by WhatsApp customers concerning the rumoured intention to share information with Fb. Many WhatsApp customers felt that the motion by the corporate was unilateral and unfair however there was nothing a lot they may do about it. It was both they put up with the modifications by accepting the phrases and situations, or be denied entry to providers.
However the firm later calmed nerves by issuing a clarification, saying customers needn’t fear concerning the privateness of their messages on the 2 platforms.
Fb is little doubt the world’s largest social media firm and in most nations it has established what is named a dominant place. The identical applies to most world tech giants. A dominant place occurs when a selected firm presents greater than a sure proportion of products or providers within the goal market. Dominant positions are regulated to guard shoppers from abuse and unfair buying and selling phrases.
In Kenya, safety from dominant positions is catered for underneath Sections 24 and 25 of the Competitors Act. In Kenya a dominant place happens when an entity captures greater than 50 per cent of the markee. The worldwide tech corporations due to this fact have established dominant positions within the Kenyan market.
Ideally shoppers are imagined to be protected by the State from unfair buying and selling phrases by such corporations. It’s, nevertheless debateable if the rumoured modifications on WhatsApp represent unfair phrases in Kenya. An entity needs to be free to supply its providers on phrases and situations it deems match. It could due to this fact be a problem for shoppers to show the unfairness within the new phrases.
Based on the Kenyan Competitors Act, an abuse of dominance happens when the provider imposes unfair buying and selling phrases and value variations. Can an abuse of dominance case be sustained towards a worldwide tech firm in Kenya? Theoretically sure. Nonetheless for causes said above not often does it occur. In the meantime anti-trust actions are supposed to advertise competitors for the advantage of shoppers. An anti-trust motion might not essentially have features of abuse of dominance.
There’s a wealth of antitrust rulings towards dominant corporations, particularly within the tech house. The US has a wealth of jurisprudence on this space. Listed below are some highlights of anti-trust litigation towards tech corporations which will make clear how an identical antitrust swimsuit could also be determined in Kenya.
Final 12 months, India dismissed an antitrust lawsuit towards Fb. In Germany, nevertheless, the discovering was that Fb abused its dominance by improperly combining the collected information. The German place was that Fb ought to hunt the shoppers’ voluntary consent earlier than utilizing information. I suppose this was accomplished.
In a but to be determined case, US versus Google, an antitrust motion was filed towards a deal designating Google because the default search engine when utilizing Apple and Samsung.
In one more very technical antitrust lawsuit, US versus Microsoft (2001) a swimsuit was filed towards Microsoft alleged monopoly in PCs. The ruling proposed some measures together with that Microsoft share its supplication program interface with third events.