The Commission received an application from Airtel Mobile Commerce Limited (AMCL) for an exclusive dealing arrangement of its mobile money services.
The application followed complaints brought to the Commission by Airtel Money agents, which suggested that AMCL was implementing agreements that prohibited them from selling competitor’s products within Airtel branded shops and kiosks.
The Commission, suspecting that the alleged conducts might have the purpose or the likely effect of substantially lessening competition in the mobile money services market to the detriment of consumers but also Small and Medium Enterprises, requested AMCL to submit its application for exclusive dealing arrangements for assessment and subsequent authorization by the Commission.
Following investigations and deliberations the Commission resolved to authorise the proposed exclusive dealing arrangements between AMCL and its agents that operate Airtel Money branches and Kiosks subject to fulfilment of the following conditions:
- Airtel Mobile Commerce Limited will not enforce the restrictions in the exclusive dealing agreement to agents and dealers that will not enter into exclusive dealership arrangements with them;
- Airtel Mobile Commerce Limited will not abuse its dominant position when executing its agreements with its agents; and
- Airtel Mobile Commerce Limited will have a robust system to address concerns of its agents including start-up support and commissions from time to time.