The interplay of sector regulators and competition authorities in regulating competition in telecomunications : the south African case

Abstract

The privatisation and liberalisation of telecommunications throughout the world has resulted in the growing involvement of competition authorities in telecommunications regulation, alongside telecommunications sector-specific regulators. The existence of both sector specific rules and competition rules has brought about a critical institutional challenge. The increased role of competition authorities in the telecommunications sector raises the issue of inconsistent jurisdiction in the sector. Conflicts are therefore inevitable in the absence of clear delineation of jurisdiction. The South African model for regulation in the telecommunications sector entails a sharing of jurisdiction between the sector-specific regulator, the Independent Communications Authority of South Africa (ICASA), and the competition-wide regulator, the Competition Commission. The study thus determines the interplay between the Competition Commission and ICASA as well as the competitiveness of South African telecommunications.