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Enhancing Consumer Experience on Online Delivery Platforms · The Mwango Capital Podcast

• 0:00
  SPEAKER_01: Welcome to Mongo Species.
• 0:01
  SPEAKER_01: This is Kazdi.
• 0:02
  SPEAKER_01: Really looking forward to an interesting conversation on the Competition Authority and marketing queries.
• 0:06
  SPEAKER_01: My name is Eric Mokaya.
• 0:07
  SPEAKER_01: I'm the founder of Mongo Capital.
• 0:08
  SPEAKER_01: So I've been at it for three and a half years now,
• 0:10
  SPEAKER_01: trying to get good conversations on markets and all that in Kenya and East Africa.
• 0:15
  SPEAKER_01: generally so we do research and analysis we've been at it for three and a half
• 0:18
  SPEAKER_01: years now and we've grown from zero to building a platform that has 118 000 plus
• 0:23
  SPEAKER_01: followers so thank you so much for joining us this evening to get now also just an
• 0:27
  SPEAKER_01: engaging conversation on markets and especially on platforms and marketing queries
• 0:31
  SPEAKER_01: and the competition authority so without further ado i want to introduce my
• 0:35
  SPEAKER_01: speakers for today i'll start with cecilia maybe you can say a little bit about
• 0:38
  SPEAKER_01: yourself and what you do at the competition authority cecilia
• 0:41
  SPEAKER_03: Good evening, everybody.
• 0:42
  SPEAKER_03: I'm Cecilia Chenelze.
• 0:44
  SPEAKER_03: I am a senior analyst in the policy and research department of the Competition Authority of Kenya.
• 0:50
  SPEAKER_01: And then you have Karin.
• 0:51
  SPEAKER_01: Maybe you can introduce yourself also.
• 0:53
  SPEAKER_02: Good evening, everyone.
• 0:54
  SPEAKER_02: My name is Ninette Karin Mwarania.
• 0:57
  SPEAKER_02: I am the manager in charge of policy and research at the Competition Authority of Kenya.
• 1:01
  SPEAKER_02: I've been there for the last six years,
• 1:03
  SPEAKER_02: and I'm here and happy to discuss the work that the authority does under the
• 1:07
  SPEAKER_02: research department.
• 1:08
  SPEAKER_01: Thank you so much.
• 1:09
  SPEAKER_01: And then we have the host who is also using the competition authority handle.
• 1:13
  SPEAKER_01: So maybe you can introduce yourself and say what you do.
• 1:15
  SPEAKER_00: Thank you, Eric.
• 1:15
  SPEAKER_00: Thank you also to the listener for joining us tonight.
• 1:18
  SPEAKER_00: My name is Mugambi Motegi.
• 1:20
  SPEAKER_00: I'm the manager in charge of communication and external relations and equally I've been
• 1:25
  SPEAKER_00: at the CAK for the last six years.
• 1:27
  SPEAKER_00: Thank you and looking forward to an engaging conversation.
• 1:29
  SPEAKER_01: We'll get started right in.
• 1:30
  SPEAKER_01: And maybe,
• 1:31
  SPEAKER_01: Mugambi,
• 1:31
  SPEAKER_01: you can start by giving us a brief overview a bit of the competition authority and
• 1:36
  SPEAKER_01: a brief history and what exactly you do in the market,
• 1:39
  SPEAKER_00: really.
• 1:39
  SPEAKER_00: Thank you, Eric.
• 1:40
  SPEAKER_00: I'll try to be as brief as possible because the conversation is about market inquiries.
• 1:43
  SPEAKER_00: So the CAK, the Competition Authority of Kenya, is a government agency under the National Treasury.
• 1:49
  SPEAKER_00: We have a dual mandate.
• 1:50
  SPEAKER_00: We regulate competition and regulate consumer protection, so basically consumer welfare.
• 1:54
  SPEAKER_00: And our competition, it's again divided into two.
• 1:57
  SPEAKER_00: There's market conduct and there's market structure.
• 1:59
  SPEAKER_00: So basically,
• 2:01
  SPEAKER_00: some tough terms,
• 2:01
  SPEAKER_00: but to give you examples,
• 2:03
  SPEAKER_00: conduct is what more or less the players in the market are doing.
• 2:06
  SPEAKER_00: So for instance, if you hear anything about habits of dominance, we are involved.
• 2:10
  SPEAKER_00: Habits of dominance is if you have market shares that are above 50%,
• 2:14
  SPEAKER_00: you have the ability,
• 2:15
  SPEAKER_00: it's not illegal,
• 2:16
  SPEAKER_00: but you have the ability to suppress competition in the market.
• 2:19
  SPEAKER_00: Price fixing, again, competitors in the market.
• 2:22
  SPEAKER_00: Whichever sector it is,
• 2:23
  SPEAKER_00: telecoms,
• 2:24
  SPEAKER_00: manufacturing,
• 2:24
  SPEAKER_00: whatever it is,
• 2:25
  SPEAKER_00: they're not supposed to be sitting down as competitors and agreeing on prices,
• 2:29
  SPEAKER_00: agreeing on outputs.
• 2:31
  SPEAKER_00: How much product are we going to push to the market?
• 2:33
  SPEAKER_00: The play of demand and supply.
• 2:34
  SPEAKER_00: All that about market conduct.
• 2:36
  SPEAKER_00: Market structure is where you'll hear,
• 2:38
  SPEAKER_00: and I think that's where Eric was giving us some accolades,
• 2:40
  SPEAKER_00: we do regulate mergers.
• 2:42
  SPEAKER_00: Market structure is about how players in a sector act.
• 2:45
  SPEAKER_00: are constituted, so to speak.
• 2:47
  SPEAKER_00: In the banking sector, we are around 40 banks in Kenya.
• 2:51
  SPEAKER_00: So the structure is the 40 banks.
• 2:53
  SPEAKER_00: If player A or one bank decides to buy another bank, the structure in the market will change.
• 2:59
  SPEAKER_00: So market conduct, market structure, how people behave and how that market is constituted.
• 3:03
  SPEAKER_00: So then the consumer protection bit of what we do is under Article 46 of the Constitution,
• 3:08
  SPEAKER_00: you have certain rights.
• 3:10
  SPEAKER_00: guaranteed to you.
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  SPEAKER_00: When you go to the market to purchase any product, you're not supposed to be harmed by that product.
• 3:15
  SPEAKER_00: You're protected.
• 3:16
  SPEAKER_00: Your economic interests are protected.
• 3:17
  SPEAKER_00: You deserve to know all the information necessary for you to extract as much
• 3:22
  SPEAKER_00: benefit from a product or a service by any player in the Kenyan market.
• 3:26
  SPEAKER_00: So they're in the Constitution, Article 46.
• 3:29
  SPEAKER_00: Then they are channelled down.
• 3:30
  SPEAKER_00: They're cascaded down to the Competition Act.
• 3:32
  SPEAKER_00: That's where now we're the real agency that comes in to secure those rights.
• 3:38
  SPEAKER_00: So for instance,
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  SPEAKER_00: if you go to things like unconscionable conduct,
• 3:41
  SPEAKER_00: you go to a bank and you want a loan,
• 3:43
  SPEAKER_00: you want to buy a truck,
• 3:44
  SPEAKER_00: you want to buy a motor vehicle,
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  SPEAKER_00: and they are forcing you to take bank assurance with them.
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  SPEAKER_00: That's called unconscionable conduct,
• 3:50
  SPEAKER_00: where you're forcing someone who desperately needs something going over and beyond
• 3:53
  SPEAKER_00: just to extract value for yourself.
• 3:56
  SPEAKER_00: That's wrong.
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  SPEAKER_00: Misleading representation, basically to put it down, it's lies.
• 3:59
  SPEAKER_00: You, you're a seller of a service or a product.
• 4:02
  SPEAKER_00: And you're telling people that you'll do one,
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  SPEAKER_00: two,
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  SPEAKER_00: three,
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  SPEAKER_00: four things,
• 4:05
  SPEAKER_00: that this product has these capabilities,
• 4:07
  SPEAKER_00: yet it doesn't have the same capabilities.
• 4:09
  SPEAKER_00: Their consumer protection is the second angle to it.
• 4:12
  SPEAKER_00: I forgot,
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  SPEAKER_00: under market conduct also,
• 4:14
  SPEAKER_00: there's this big,
• 4:15
  SPEAKER_00: I don't want to mention names,
• 4:16
  SPEAKER_00: but it's called Abuse of Buyer Power.
• 4:17
  SPEAKER_00: And we've been following CAK over the last three, four, five months.
• 4:21
  SPEAKER_00: It's where someone who has an infrastructure, which is very important, the people selling to them.
• 4:26
  SPEAKER_00: For instance, the very example we give all the time,
• 4:29
  SPEAKER_00: There's a supermarket where suppliers rely on that supermarket to access the market.
• 4:33
  SPEAKER_00: The supermarket,
• 4:34
  SPEAKER_00: when they're sitting down to bargain about the contract terms,
• 4:36
  SPEAKER_00: they may push the supplier in terms of payment dates,
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  SPEAKER_00: honoring invoices,
• 4:40
  SPEAKER_00: forcing them to market on their behalf.
• 4:43
  SPEAKER_00: Like, for instance, put some...
• 4:44
  SPEAKER_00: merchandisers at the aisles.
• 4:46
  SPEAKER_00: If it's agreed upon on the negotiation table in a very open manner, fine.
• 4:50
  SPEAKER_00: But sometimes that is not the case.
• 4:52
  SPEAKER_00: It's pushed down the throats of the suppliers.
• 4:54
  SPEAKER_00: So abuse of buyer power,
• 4:56
  SPEAKER_00: and it occurs in many sectors,
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  SPEAKER_00: whether it's telecoms,
• 4:59
  SPEAKER_00: insurance,
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  SPEAKER_00: where you have the insurer,
• 5:01
  SPEAKER_00: then the suppliers to the insurer are the motor vehicle garage owners.
• 5:05
  SPEAKER_00: the assessors,
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  SPEAKER_00: where the top guys,
• 5:07
  SPEAKER_00: the insurers,
• 5:07
  SPEAKER_00: extract much more value from these guys on the downstream.
• 5:11
  SPEAKER_00: That's abuse of buyer power.
• 5:12
  SPEAKER_00: So we intervene in such situations.
• 5:14
  SPEAKER_00: So it's abuse of buyer power.
• 5:16
  SPEAKER_00: The cartel conduct is called restrictive trade practices.
• 5:18
  SPEAKER_00: There's the element of consumer protection, and then there's the element of mergers and acquisitions.
• 5:24
  SPEAKER_00: So we are a government agency, more or less.
• 5:26
  SPEAKER_00: We are based in Nairobi, but we have an online portal, which is accessible on our website.
• 5:32
  SPEAKER_00: Your C-A-K-D-O-G-O-D-K-E,
• 5:33
  SPEAKER_00: we offer a service free,
• 5:35
  SPEAKER_00: kept short of positions,
• 5:36
  SPEAKER_00: where the parties filing for mergers have to pay some small fee during the review process.
• 5:42
  SPEAKER_00: But everything else, when you lodge a complaint with us, it's all free.
• 5:45
  SPEAKER_00: When you lodge a buyer power complaint with us, it's free.
• 5:47
  SPEAKER_00: If you experience abuse of dominance in your area of work as a consumer,
• 5:51
  SPEAKER_00: we give you off the services for free.
• 5:53
  SPEAKER_00: I'll let the conversation steer to the topic of the day.
• 5:56
  SPEAKER_00: Mokaya, you can take over.
• 5:57
  SPEAKER_00: Thanks.
• 5:58
  SPEAKER_01: All right.
• 5:58
  SPEAKER_01: Thank you so much.
• 5:59
  SPEAKER_01: Let's start with Dine.
• 6:00
  SPEAKER_01: Maybe you can tell us a bit about a market inquiry and why competition agencies
• 6:04
  SPEAKER_01: usually conduct market inquiries.
• 6:05
  SPEAKER_02: Thank you, Eric.
• 6:06
  SPEAKER_02: So market inquiries are a tool that aids competition agencies to understand the
• 6:12
  SPEAKER_02: market structure or the markets that they regulate.
• 6:15
  SPEAKER_02: And of course,
• 6:16
  SPEAKER_02: through the market inquiries,
• 6:17
  SPEAKER_02: then the agencies obtain knowledge to be able to analyze the economics in the
• 6:21
  SPEAKER_02: market they are in.
• 6:23
  SPEAKER_02: These factors could be like barriers to entry,
• 6:26
  SPEAKER_02: competition and concentration levels,
• 6:27
  SPEAKER_02: then to be able to decide on the next way forward,
• 6:30
  SPEAKER_02: whether it is to conduct advocacy or to do investigation.
• 6:34
  SPEAKER_02: And there are various countries or jurisdictions that have market inquiries in their laws.
• 6:39
  SPEAKER_02: because of the importance that has now been attached to market inquiry.
• 6:43
  SPEAKER_02: Of course, Kenya is one of them.
• 6:44
  SPEAKER_02: Our act empowers us to conduct market inquiries.
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  SPEAKER_02: And over the years, we have conducted quite a number of market inquiries.
• 6:51
  SPEAKER_02: So market inquiries,
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  SPEAKER_02: in short,
• 6:53
  SPEAKER_02: is an extensive research in a certain identified area to be able to understand.
• 6:58
  SPEAKER_02: If I could quickly talk about some of the objective of market inquiries in Kenya
• 7:02
  SPEAKER_02: with relevant examples would be one of the objectives to identify anti-competitive practices.
• 7:09
  SPEAKER_02: that there may be.
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  SPEAKER_02: An example is an inquiry we conducted around 2016-2017 in the cement sector.
• 7:16
  SPEAKER_02: So it was noted that there's a lot of concentration in the cement sector.
• 7:20
  SPEAKER_02: There were very few players and therefore a lot of price collision, a lot of
• 7:24
  SPEAKER_02: cartel-like behavior in the sector.
• 7:26
  SPEAKER_02: So we went out to understand what's really happening in the sector.
• 7:29
  SPEAKER_02: And of course,
• 7:30
  SPEAKER_02: after the inquiry,
• 7:31
  SPEAKER_02: we found out that the anti-competitive conducts that's going on in that sector.
• 7:36
  SPEAKER_02: And the market inquiry then commended an investigation.
• 7:39
  SPEAKER_02: An investigation was conducted and some players were found culpable.
• 7:43
  SPEAKER_02: And of course, I think in 2020, 2021,
• 7:48
  SPEAKER_02: When the investigation was concluded, the players who were thought culpable were fined.
• 7:53
  SPEAKER_02: And resulting from that, the market has been regularized.
• 7:57
  SPEAKER_02: And based on then an impact assessment that was later conducted,
• 8:00
  SPEAKER_02: we found that based on that intervention,
• 8:03
  SPEAKER_02: consumers were able to enjoy price reductions.
• 8:05
  SPEAKER_02: Another objective of market inquiries is to support regulatory reforms.
• 8:09
  SPEAKER_02: Here is where,
• 8:10
  SPEAKER_02: based on how the market is behaving,
• 8:13
  SPEAKER_02: we are able to advise either the need for a new law or the need to review a certain
• 8:17
  SPEAKER_02: policy so that markets are able to work better.
• 8:20
  SPEAKER_02: A good example of this is in 2017, again, 2017-18, there was a lot of retail business.
• 8:26
  SPEAKER_02: And I think we remember Nakumat, we remember Fumi, which were big supermarkets in Kenya.
• 8:32
  SPEAKER_02: But there were a lot of also other complaints from the suppliers who are mostly
• 8:37
  SPEAKER_02: SMEs that they would supply and there was delay in receiving their payment.
• 8:42
  SPEAKER_02: So again, we went out and conducted a market inquiry to understand what's happening in the sector.
• 8:47
  SPEAKER_02: And based on that market inquiry,
• 8:49
  SPEAKER_02: that is how we recommended to the national treasury that they need to regulate the
• 8:54
  SPEAKER_02: retail market.
• 8:55
  SPEAKER_02: sector to ensure that suppliers are able to receive their payments in time and
• 9:00
  SPEAKER_02: basically to deter abuse of buyer power which my colleague has already talked about
• 9:04
  SPEAKER_02: so and based on that then the competition act was amended and we were able to get
• 9:09
  SPEAKER_02: powers to regulate abuse of buyer power which has already been talked about the
• 9:14
  SPEAKER_02: third objective why would conduct market inquiries is for advocacy purposes and
• 9:20
  SPEAKER_02: basically to remove any regulatory obstacles that may be in the market
• 9:24
  SPEAKER_02: I want to believe all of us use the USD.
• 9:27
  SPEAKER_02: For example, if you want to check your bank balance, there are some three figures.
• 9:31
  SPEAKER_02: You'll press star, some three figures, then hash.
• 9:34
  SPEAKER_02: So that is another area which we have looked into using our market inquiries.
• 9:39
  SPEAKER_02: Again, there were so many complaints on the cost of USD.
• 9:42
  SPEAKER_02: some years back when you would want to take your bank balance and you were being
• 9:47
  SPEAKER_02: charged about 10 shillings for that service.
• 9:49
  SPEAKER_02: So when we looked into that market,
• 9:51
  SPEAKER_02: then we made recommendations to the then dominant player on the need to lower their
• 9:56
  SPEAKER_02: prices in order to not only increase consumer welfare,
• 10:00
  SPEAKER_02: but also to open up that market to enable other,
• 10:03
  SPEAKER_02: many more users,
• 10:04
  SPEAKER_02: many more consumers get access to
• 10:06
  SPEAKER_02: So those are basically the reasons why competition agencies conduct market inquiries.
• 10:11
  SPEAKER_02: And the Competition Authority of Kenya has conducted about 14 inquiries since its
• 10:16
  SPEAKER_02: inception in 2011,
• 10:18
  SPEAKER_02: most of which have produced recommendations that have helped to correct the market
• 10:23
  SPEAKER_02: failure that were there.
• 10:24
  SPEAKER_03: Thank you, Eric.
• 10:25
  SPEAKER_01: Very good introduction.
• 10:26
  SPEAKER_01: So I'm curious, there are lots of topics you could do a marketing inquiry on.
• 10:30
  SPEAKER_01: How do you prioritize and how do you select which topics to do that?
• 10:33
  SPEAKER_01: That's 14 inquiries that you've done over a period of 13, 14 years.
• 10:38
  SPEAKER_01: So that's almost one per year.
• 10:39
  SPEAKER_01: It seems like there's extensive resources that go towards a single marketing inquiry.
• 10:43
  SPEAKER_01: So if you can give us a bit of a flavor on how much time does it take you to conduct one?
• 10:47
  SPEAKER_01: How do you prioritize what you're going to do?
• 10:49
  SPEAKER_01: And how do you select which topic to dig deeper into?
• 10:52
  SPEAKER_01: Do you do like a brief overview first before you select a topic to go deeper into?
• 10:57
  SPEAKER_02: Yes, to answer the simpler question there of how much time.
• 11:00
  SPEAKER_02: On average, it takes one and a half years to finalize a market inquiry.
• 11:04
  SPEAKER_02: Sometimes it could take longer depending on what we are focusing on and of course
• 11:09
  SPEAKER_02: the complexities of collecting data and all that.
• 11:12
  SPEAKER_02: So the market inquiry steps involves developing a concept.
• 11:16
  SPEAKER_02: First, we prioritize.
• 11:17
  SPEAKER_02: We have a prioritization criteria that enables us to determine what to focus on.
• 11:23
  SPEAKER_02: So this criteria lays down the attributes to look at.
• 11:26
  SPEAKER_02: For example, we are a government agency.
• 11:29
  SPEAKER_02: Obviously, we are guided by the government policy and government priorities.
• 11:32
  SPEAKER_02: That is one of the things we have to put into consideration before deciding what to study on.
• 11:37
  SPEAKER_02: For example,
• 11:38
  SPEAKER_02: now in these five years,
• 11:39
  SPEAKER_02: the government is focusing on agriculture,
• 11:42
  SPEAKER_02: is focusing on SMEs,
• 11:43
  SPEAKER_02: is focusing on digital.
• 11:44
  SPEAKER_02: Those are things that we have prioritized.
• 11:46
  SPEAKER_02: The second thing is if it's a new area of focus,
• 11:49
  SPEAKER_02: for example,
• 11:50
  SPEAKER_02: when digital just came in or digital economy has been growing.
• 11:54
  SPEAKER_02: So we need to understand the market structure and the conduct in that market.
• 11:59
  SPEAKER_02: So that would be another criteria of prioritizing the market structure.
• 12:02
  SPEAKER_02: So depending on the emerging areas.
• 12:04
  SPEAKER_01: I seem to have lost Kairi there.
• 12:07
  SPEAKER_01: We'll come back to her in a few so she can give us a third criteria.
• 12:10
  SPEAKER_01: But in the meantime,
• 12:11
  SPEAKER_01: Cecilia,
• 12:12
  SPEAKER_01: maybe you can give us a bit of an introduction to the marketing career that you
• 12:15
  SPEAKER_01: specifically helped connect and what are the objectives,
• 12:19
  SPEAKER_01: at least from a high level perspective and why you selected that topic?
• 12:22
  SPEAKER_03: The authorities did an inquiry on online food and groceries delivery platform and
• 12:28
  SPEAKER_03: this was chosen out of the many digital markets because of various aspects and we
• 12:34
  SPEAKER_03: wanted to understand how the markets work.
• 12:38
  SPEAKER_03: At that time,
• 12:39
  SPEAKER_03: remember during COVID,
• 12:40
  SPEAKER_03: so many people took up online food and groceries delivery and wanted to understand
• 12:46
  SPEAKER_03: if there were any competition issues or consumer protection issues that were there.
• 12:51
  SPEAKER_03: But basically to give a brief overview of the inquiry is that
• 12:55
  SPEAKER_03: We as an authority,
• 12:57
  SPEAKER_03: we noticed that there was a lot of growth in the digital markets in Kenya and
• 13:01
  SPEAKER_03: everywhere else in the world.
• 13:03
  SPEAKER_03: Digital markets have created challenges for competition enforcement and competition
• 13:08
  SPEAKER_03: agencies who are dedicating so much time and activity.
• 13:12
  SPEAKER_03: digital markets, to understand the markets and to see the approaches that work best in this market.
• 13:19
  SPEAKER_03: Being a new market, there was not much to go with.
• 13:23
  SPEAKER_03: Some agencies did investigations into cases of abuse of superior bargaining position,
• 13:30
  SPEAKER_03: abuse or misuse of barriers to entry that were associated with data aggregation and
• 13:36
  SPEAKER_03: so many other aspects.
• 13:37
  SPEAKER_03: So there were
• 13:39
  SPEAKER_03: agencies that took up investigations, market studies and review of their enforcement instruments.
• 13:44
  SPEAKER_03: And this basically was to strengthen institutional capacity in handling digital
• 13:50
  SPEAKER_03: markets and also to build knowledge to address the specific challenges that are
• 13:55
  SPEAKER_03: brought about by digital markets.
• 13:57
  SPEAKER_03: So in Kenya,
• 13:58
  SPEAKER_03: in our case,
• 13:59
  SPEAKER_03: the main objective of the inquiry was to understand how e-commerce platforms work
• 14:06
  SPEAKER_03: and to also suggest any regulatory and policy options for competition and consumer
• 14:11
  SPEAKER_03: protection enforcement.
• 14:13
  SPEAKER_03: So the specific objectives were to identify the players, to assess the role of data, as we've said,
• 14:20
  SPEAKER_03: There's a lot of data aggregation and also to determine the consumer protection
• 14:25
  SPEAKER_03: concerns that are there and to assess the viability of our framework.
• 14:30
  SPEAKER_03: We did the inquiry in Mombasta and Nairobi and we were targeting the platforms,
• 14:36
  SPEAKER_03: the online food and groceries platform,
• 14:38
  SPEAKER_03: the retailers who sell through the platforms,
• 14:40
  SPEAKER_03: the e-payment services,
• 14:42
  SPEAKER_03: the courier,
• 14:43
  SPEAKER_03: the consumers.
• 14:44
  SPEAKER_03: So we also interviewed the retailers.
• 14:45
  SPEAKER_03: regulatory agencies who have laws that touch on digital markets.
• 14:49
  SPEAKER_03: We had key informant interviews with trade associations, consumer bodies, and other relevant respondents.
• 14:57
  SPEAKER_03: I'll go to the key findings of the inquiry.
• 15:01
  SPEAKER_03: We found out that most consumers preferred Glovo as
• 15:05
  SPEAKER_03: the online food platform followed by Jumia, which has since exited the market.
• 15:10
  SPEAKER_03: But Glovo was the most preferred, Jumia second, and then Uber, it was the third one.
• 15:16
  SPEAKER_03: We also asked the retailers to tell us because we wanted to understand how much
• 15:21
  SPEAKER_03: product the retailers were pushing through the platforms so that we see the scope
• 15:26
  SPEAKER_03: of the business that they were doing through the platforms.
• 15:30
  SPEAKER_03: And we found that 79% of the business that retailers,
• 15:35
  SPEAKER_03: and retailers in this case will include the restaurants who sell their food through
• 15:40
  SPEAKER_03: the platforms and also the grocery stores who have an online segment.
• 15:46
  SPEAKER_03: And 79% of their business is still in the brick and mortar shop with 15.8% being through the platforms.
• 15:55
  SPEAKER_03: So it's still a considerable percentage of the product that they are pushing
• 16:00
  SPEAKER_03: through the online platforms.
• 16:02
  SPEAKER_03: And we asked retailers if they were restricted.
• 16:05
  SPEAKER_03: We wanted to know if there were restrictions by the platforms and we found that
• 16:09
  SPEAKER_03: there were no restrictions.
• 16:11
  SPEAKER_03: Over 90% of the retailers told us that they were not restricted in any way to stay
• 16:16
  SPEAKER_03: in one platform and they were not required to match
• 16:21
  SPEAKER_03: So some platforms require the retailers to match the prices that they are offering
• 16:27
  SPEAKER_03: in the platforms with the prices that they are offering in other sales channels.
• 16:32
  SPEAKER_03: And the retailers said that they were not required to match that.
• 16:37
  SPEAKER_03: those sales terms so we also wanted to know if there were exclusivity agreements we
• 16:42
  SPEAKER_03: understand that there are some promotions that are run through the platforms and
• 16:47
  SPEAKER_03: for running those promotions there are agreements between the platforms and the
• 16:50
  SPEAKER_03: retailers but most of the retailers said that they were not required to run
• 16:55
  SPEAKER_03: exclusive promotion but there were some promotions that are joined
• 17:01
  SPEAKER_03: So if the promotion is joint with the platform and the retailers,
• 17:05
  SPEAKER_03: then they are not allowed to run a concurrent one in another platform.
• 17:09
  SPEAKER_03: But if they were running their own promotion,
• 17:12
  SPEAKER_03: then they are allowed to run the promotions across the platforms.
• 17:16
  SPEAKER_03: They were not restricted to a certain platform.
• 17:19
  SPEAKER_03: So we also wanted to know who sets the prices in those platforms and we asked the retailers,
• 17:25
  SPEAKER_03: we asked the platforms and we established that the retailers were able to input the
• 17:32
  SPEAKER_03: prices in the platforms and the platforms only had their commission and delivery costs.
• 17:38
  SPEAKER_03: We also asked consumers the most preferred payment methods and they said that
• 17:43
  SPEAKER_03: mobile money was the most preferred.
• 17:45
  SPEAKER_03: And the reasons that consumers gave were because it's convenient and it's available and easy to use.
• 17:52
  SPEAKER_03: So those were the major reasons why consumers prefer to use mobile money.
• 17:57
  SPEAKER_03: On courier services,
• 17:59
  SPEAKER_03: we wanted to know the balance of power because there were so many complaints from
• 18:04
  SPEAKER_03: couriers about the payment.
• 18:07
  SPEAKER_03: And we established that the requirements to be a courier across the platforms were
• 18:12
  SPEAKER_03: similar and the variations were based on very few elements.
• 18:17
  SPEAKER_03: Like we established that there are bicycle riders and we also have motorcycle riders.
• 18:24
  SPEAKER_03: So the requirements varied because of maybe the means of transportation that the
• 18:30
  SPEAKER_03: couriers were using to deliver the products to the consumers.
• 18:35
  SPEAKER_03: But we did not establish any entry barriers for the couriers.
• 18:39
  SPEAKER_03: We also wanted to know the charges per order by the platforms.
• 18:43
  SPEAKER_03: We also did a survey of the charges per kilometer, and they were similar across the platforms.
• 18:50
  SPEAKER_03: So couriers said that they are major customers.
• 18:53
  SPEAKER_03: challenge when it comes to working with the platforms was unfair terms because they
• 18:58
  SPEAKER_03: were not given room for negotiation and the pricing was very poor according to them
• 19:03
  SPEAKER_03: because they could not negotiate the delivery charges that they charged.
• 19:08
  SPEAKER_03: The platforms were in charge of that.
• 19:11
  SPEAKER_03: They weren't setting the prices for the couriers.
• 19:15
  SPEAKER_03: We also established that there were some data-related consumer protection concerns
• 19:20
  SPEAKER_03: and one of them was inadequate mechanism for consumer consent.
• 19:24
  SPEAKER_03: We found that consumers have no choice to accept or decline data-related terms and
• 19:30
  SPEAKER_03: conditions because the consequence for declining is then discontinuation.
• 19:35
  SPEAKER_03: or their bad access to the platform.
• 19:38
  SPEAKER_03: For consumers to use the platforms,
• 19:40
  SPEAKER_03: then they have to give consent for their data to be used by the platforms.
• 19:46
  SPEAKER_03: So although platforms clearly indicate the intended use for that data, there is lack of that consent.
• 19:53
  SPEAKER_03: for the usage of the data by the platforms.
• 19:58
  SPEAKER_03: And consumer data is the biggest thing for the platforms.
• 20:01
  SPEAKER_03: They use consumer data to optimize their services.
• 20:05
  SPEAKER_03: They use it to improve user experiences.
• 20:08
  SPEAKER_03: They use it to boost their operational efficiency.
• 20:12
  SPEAKER_03: And they also utilize the information for other business segments.
• 20:16
  SPEAKER_03: We also looked at the frequency of consumers for shopping online,
• 20:20
  SPEAKER_03: and most consumers indicated that they shopped at least once for food and groceries online.
• 20:26
  SPEAKER_03: And most of the consumers of online food and groceries are between the ages of 21 to 30 years.
• 20:32
  SPEAKER_03: That is 76% of the consumers.
• 20:36
  SPEAKER_03: We also looked at the choice of consumers for onboarding platforms,
• 20:41
  SPEAKER_03: and we found that most consumers had two or more platforms that they were buying
• 20:46
  SPEAKER_03: food and groceries through,
• 20:48
  SPEAKER_03: which shows that there is a lot of multi-homing on the consumer side of the market.
• 20:53
  SPEAKER_03: And there was also multi-homing on the restaurants and the grocery store side of
• 20:57
  SPEAKER_03: the market because they were onboarded on more than one platform.
• 21:01
  SPEAKER_01: I noted two things that you said,
• 21:03
  SPEAKER_01: data concerns and consumer consent not being obtained,
• 21:06
  SPEAKER_01: especially when it comes to data privacy and the poor pricing for couriers.
• 21:11
  SPEAKER_01: I think those are two issues I noted from your research.
• 21:14
  SPEAKER_03: And also issues of customer service.
• 21:17
  SPEAKER_03: And so we asked the consumers,
• 21:20
  SPEAKER_03: the retailers,
• 21:21
  SPEAKER_03: the platforms and the couriers,
• 21:23
  SPEAKER_03: which were the most complained about issues in the online food and groceries.
• 21:29
  SPEAKER_03: And they indicated that the major issue is delivery delays.
• 21:33
  SPEAKER_03: And there's also issues of poor customer service.
• 21:36
  SPEAKER_03: and misrepresentation of product information in the platform.
• 21:40
  SPEAKER_03: So those are some of the major issues that we identified during our study or our inquiry.
• 21:48
  SPEAKER_03: And so delivery speed still remains the major factor for consumers today.
• 21:53
  SPEAKER_03: On issues of data,
• 21:54
  SPEAKER_03: consumers had issues with what the platforms were using their data for,
• 22:00
  SPEAKER_03: but they did not know where to complain about that.
• 22:05
  SPEAKER_03: I think I'll reach there.
• 22:07
  SPEAKER_01: I'll come back to you again for more, especially that bit on where to complain.
• 22:11
  SPEAKER_01: I think that's been a bit of a sore spot the couple of times I've been ordering in Nairobi.
• 22:15
  SPEAKER_01: At this point,
• 22:16
  SPEAKER_01: I want to encourage the audience,
• 22:17
  SPEAKER_01: if you have any questions for the team here,
• 22:20
  SPEAKER_01: below our pinned tweet,
• 22:21
  SPEAKER_01: you can just write a couple of questions that you have on this specific marketing
• 22:24
  SPEAKER_01: query on online food delivery platforms.
• 22:27
  SPEAKER_01: So if you have any questions for our guests, just below our pinned tweet, you can write them there.
• 22:31
  SPEAKER_01: You can also DM us so that we can be able to check some of the questions that you've sent us.
• 22:35
  SPEAKER_01: And you can also request to speak and then be able to give you a couple of questions.
• 22:39
  SPEAKER_01: So we have 20 minutes to go before we close the session.
• 22:41
  SPEAKER_01: So it would be nice if you can send in your questions as quickly as possible.
• 22:45
  SPEAKER_01: But before I go back to Cecilia, so I wanted to give a few minutes to...
• 22:48
  SPEAKER_01: Kihari, to maybe tell us a bit.
• 22:50
  SPEAKER_01: So when you get such research from a market inquiry, what do you do with it?
• 22:54
  SPEAKER_01: How do you disseminate it?
• 22:55
  SPEAKER_01: And how do you proceed from an inquiry,
• 22:57
  SPEAKER_01: the results,
• 22:58
  SPEAKER_01: and then maybe towards maybe competition law enforcement and maybe influencing
• 23:02
  SPEAKER_01: policy reforms?
• 23:03
  SPEAKER_01: This is my first research, at least I've noted.
• 23:06
  SPEAKER_01: So it will be interesting to see how it's turned up on.
• 23:09
  SPEAKER_01: So maybe you can tell us what happens after a market inquiry, Kari.
• 23:12
  SPEAKER_02: Thank you very much, Eri.
• 23:14
  SPEAKER_02: I think I'll just quickly go back to what I was talking about before I was cut off.
• 23:19
  SPEAKER_02: My last point on how we prioritize our market research is based on the impact of
• 23:24
  SPEAKER_02: the inquiry to the sector.
• 23:26
  SPEAKER_02: For example, we know that agriculture is one of the biggest industries.
• 23:30
  SPEAKER_02: economic driver in Kenya.
• 23:31
  SPEAKER_02: So we would seek to understand what are the issues in there.
• 23:35
  SPEAKER_02: And of course,
• 23:36
  SPEAKER_02: advise the government on any competition and consumer issues that may be hindering
• 23:40
  SPEAKER_02: the growth of agriculture.
• 23:42
  SPEAKER_02: So that's the last point I want to talk about on prioritization.
• 23:46
  SPEAKER_02: On to your question, what do we do with the market inquiry recommendations once we have finalized?
• 23:52
  SPEAKER_02: First, we disseminate through various ways, one of which is what we are doing now.
• 23:57
  SPEAKER_02: Another one is we publish on the website,
• 23:59
  SPEAKER_02: on our authority's website,
• 24:01
  SPEAKER_02: and we also write various articles and opinions,
• 24:04
  SPEAKER_02: giving further analysis on what the market inquiry brought out so that our
• 24:09
  SPEAKER_02: stakeholders can understand better.
• 24:11
  SPEAKER_02: The other thing,
• 24:12
  SPEAKER_02: how then it moves on from recommendations to parts of policy paper or a
• 24:18
  SPEAKER_02: recommendation to review the law.
• 24:20
  SPEAKER_02: Once we have done,
• 24:21
  SPEAKER_02: there are some recommendations that may be relating to other agencies within government.
• 24:27
  SPEAKER_02: So I'll give an example.
• 24:28
  SPEAKER_02: When we conducted the digital credit market inquiry,
• 24:31
  SPEAKER_02: the recommendations pointed towards regulating that market.
• 24:35
  SPEAKER_02: But that market is a financial sector which has a regulator already, which is the Central Bank of Kenya.
• 24:41
  SPEAKER_02: So being the recommendation then, and we already have a working relationship with the central bank.
• 24:46
  SPEAKER_02: We have a memorandum of understanding.
• 24:48
  SPEAKER_02: Then we shared the recommendations.
• 24:51
  SPEAKER_02: Of course,
• 24:51
  SPEAKER_02: through the national treasury,
• 24:52
  SPEAKER_02: we shared the recommendations to the central bank and made them understand that
• 24:57
  SPEAKER_02: this is what the market inquiry pointed out.
• 24:59
  SPEAKER_02: There was need to regulate digital lenders because there were so many consumer
• 25:03
  SPEAKER_02: issues that came in,
• 25:04
  SPEAKER_02: including fraud.
• 25:05
  SPEAKER_02: including unregulated interest rates that consumers were being charged through that
• 25:10
  SPEAKER_02: of course we all know that regulation was developed for the digital credit players
• 25:15
  SPEAKER_02: so that is one of the ways we do that another way is if from the market inquiry
• 25:20
  SPEAKER_02: then there are some anti-competitive issues that have been raised then we go on and
• 25:25
  SPEAKER_02: recommend for an investigation
• 25:27
  SPEAKER_02: So we pass on these recommendations to our department that is in charge of
• 25:31
  SPEAKER_02: enforcement and compliance at the authority.
• 25:35
  SPEAKER_02: And we tell them this is what the market inquiry told us.
• 25:38
  SPEAKER_02: And we think there could be some anti-competitive practices that are going on.
• 25:42
  SPEAKER_02: So then we go on and conduct an investigation to better understand that.
• 25:47
  SPEAKER_02: The other way a market inquiry could recommend that we just do advocacy.
• 25:51
  SPEAKER_02: There's no need for hard enforcement,
• 25:53
  SPEAKER_02: just soft enforcement so that it's easy to change the behavior in the market and to
• 25:58
  SPEAKER_02: the benefit of the consumer.
• 25:59
  SPEAKER_02: So that is how we implement the recommendations of a market inquiry.
• 26:03
  SPEAKER_01: Thank you so much for that.
• 26:04
  SPEAKER_01: Back to you, Cecilia, now you can proceed in terms of some of the issues that you've raised.
• 26:08
  SPEAKER_01: I think one was the issue of consumers didn't know if they have an issue with the
• 26:11
  SPEAKER_01: online platforms and delivery,
• 26:13
  SPEAKER_01: they don't know where to raise concerns.
• 26:15
  SPEAKER_01: There's a friend of mine who's also experienced that kind of a problem.
• 26:18
  SPEAKER_01: So maybe you can tell us what did you find in that regard and what are some of the
• 26:21
  SPEAKER_01: recommendations from your report?
• 26:23
  SPEAKER_03: Okay, thank you.
• 26:24
  SPEAKER_03: So we asked consumers,
• 26:27
  SPEAKER_03: we asked the platforms,
• 26:29
  SPEAKER_03: we also asked the retailers who handles consumer complaints because we wanted to
• 26:33
  SPEAKER_03: know how the consumer complaint handling mechanism was in the online food and groceries.
• 26:40
  SPEAKER_03: And also we wanted to know the redress mechanism.
• 26:44
  SPEAKER_03: that is there.
• 26:44
  SPEAKER_03: So we found that most of the complaints that are there are handled by the platforms themselves.
• 26:51
  SPEAKER_03: And some are also handled by the retailers,
• 26:53
  SPEAKER_03: especially the issues to do with delivery of wrong products or incomplete orders.
• 27:01
  SPEAKER_03: So the restaurants and the supermarkets, most of the online grocery segment is done by the supermarkets.
• 27:08
  SPEAKER_03: That is what we found out.
• 27:10
  SPEAKER_03: So most of these complaints go unresolved.
• 27:14
  SPEAKER_03: And we wanted to know if the platforms had complaint handling mechanisms and 83% of
• 27:20
  SPEAKER_03: the platforms had internal consumer complaint handling mechanisms.
• 27:24
  SPEAKER_03: But most of them,
• 27:26
  SPEAKER_03: like 40%,
• 27:27
  SPEAKER_03: did not have specific terms and conditions for their food and grocery market
• 27:33
  SPEAKER_03: segment because some of these platforms run like
• 27:36
  SPEAKER_03: ecosystem market where we have,
• 27:40
  SPEAKER_03: for example,
• 27:40
  SPEAKER_03: boat food,
• 27:41
  SPEAKER_03: which has the transport segment and they also have the food segment.
• 27:46
  SPEAKER_03: Some of the platforms did not have specific terms and conditions for their food and
• 27:51
  SPEAKER_03: grocery market segment,
• 27:52
  SPEAKER_03: which makes it very difficult also for the authority to know what terms and
• 27:59
  SPEAKER_03: conditions apply to what segment of the market because they are generalised.
• 28:04
  SPEAKER_03: So we also found that some platforms handled their complaints,
• 28:07
  SPEAKER_03: the consumer complaints handling office or the customer services outside Kenya,
• 28:13
  SPEAKER_03: which makes it difficult now for the consumers to follow up on their complaint
• 28:17
  SPEAKER_03: because they do not have an office in Kenya.
• 28:20
  SPEAKER_03: So when they are sending their complaint, then the complaints are handled from another country.
• 28:26
  SPEAKER_03: As an authority now, we are not sure which law now applies in the resolution of that complaint.
• 28:32
  SPEAKER_03: So we also have consumer redress.
• 28:35
  SPEAKER_03: As I said,
• 28:35
  SPEAKER_03: most of this complaint went unresolved because consumers maybe were tired of
• 28:42
  SPEAKER_03: waiting because maybe if the headquarter of that platform is outside Kenya,
• 28:46
  SPEAKER_03: then you don't know how long.
• 28:48
  SPEAKER_03: you're going to wait for your complaint to be resolved.
• 28:52
  SPEAKER_03: And this is food or groceries, which is perishable.
• 28:55
  SPEAKER_03: And if you're ordering for food you want to eat now, you don't want to wait for tomorrow.
• 29:01
  SPEAKER_03: So most of the complaints went unresolved.
• 29:04
  SPEAKER_03: And so we also asked consumers how they would want their experience in online food
• 29:10
  SPEAKER_03: and groceries enhanced.
• 29:12
  SPEAKER_03: And most consumers said they want their
• 29:14
  SPEAKER_03: data protection enhanced,
• 29:16
  SPEAKER_03: but there are not many complaints on data because we did a sample of the complaints
• 29:22
  SPEAKER_03: that consumers were sending to these platforms and data-related complaints,
• 29:29
  SPEAKER_03: very low.
• 29:29
  SPEAKER_03: But when we asked them how they wanted their experience enhanced,
• 29:33
  SPEAKER_03: then data protection was the highest,
• 29:36
  SPEAKER_03: which makes us now go back to the point that consumers are forced to consent to the
• 29:43
  SPEAKER_03: data-related terms and conditions,
• 29:45
  SPEAKER_03: which the authority pointed it out.
• 29:47
  SPEAKER_03: And there are things that maybe the authority is working on to maybe address the
• 29:54
  SPEAKER_03: aspect of data protection.
• 29:56
  SPEAKER_03: And this can be addressed together with the Office of the ODP, which handles issues of data protection.
• 30:02
  SPEAKER_03: So these are some of the issues that the authority is looking into,
• 30:06
  SPEAKER_03: maybe to address consumer issues that were there in the online food and groceries delivery.
• 30:12
  SPEAKER_03: Thank you.
• 30:13
  SPEAKER_01: I'll ask Ninette something about consumer having some data issues.
• 30:17
  SPEAKER_01: So what are some of the ways to resolve that?
• 30:20
  SPEAKER_01: What can be done about consumer data issues that they seem to be raising a lot in the research?
• 30:24
  SPEAKER_01: Okay.
• 30:24
  SPEAKER_02: Thank you, Eric.
• 30:26
  SPEAKER_02: Cecilia has pointed out the Office of the Data Protection,
• 30:30
  SPEAKER_02: the one mandated to handle any data privacy issue.
• 30:33
  SPEAKER_02: But from where we sit, we see an opportunity in partnering with them.
• 30:37
  SPEAKER_02: Given our advisory role as the competition authority,
• 30:41
  SPEAKER_02: we have an advisory role to advise on competition and consumer protection matters.
• 30:45
  SPEAKER_02: Then I see a need for us to partner with ODPC in dealing with this consumer issue.
• 30:51
  SPEAKER_02: And these consumer issues are not just only about data privacy for the consumer,
• 30:56
  SPEAKER_02: but there also arises the need to work together with ODPC so that we're able to
• 31:02
  SPEAKER_02: handle any of these infractions that may arise because of data,
• 31:06
  SPEAKER_02: of course,
• 31:06
  SPEAKER_02: simultaneously and expeditiously.
• 31:09
  SPEAKER_02: Because even through the digital economy and all of these issues around data,
• 31:14
  SPEAKER_02: there are some anti-competitive practices such as
• 31:18
  SPEAKER_02: bid rigging such as cartels that are coming up through the data system and that is
• 31:23
  SPEAKER_02: what we are seeing coming up even in many other jurisdictions because people are
• 31:27
  SPEAKER_02: using data you're able to collude and also that if you're the one with the highest
• 31:32
  SPEAKER_02: quantity of data then you're able to
• 31:35
  SPEAKER_02: for close other players from coming in, which are all anti-competitive.
• 31:39
  SPEAKER_02: How we can deal with them is through partnership.
• 31:41
  SPEAKER_02: And we have also seen in many jurisdictions,
• 31:44
  SPEAKER_02: the competition agency and the Office of Data Protection are working together.
• 31:49
  SPEAKER_02: In some jurisdictions like the US,
• 31:51
  SPEAKER_02: their data protection office and their consumer protection agency are working very
• 31:56
  SPEAKER_02: closely to ensure that perpetuated through online platforms are dealt with very fast.
• 32:02
  SPEAKER_01: Thank you so much.
• 32:03
  SPEAKER_01: And then in terms of regulation, do you think this market needs to be regulated, Karin?
• 32:07
  SPEAKER_02: I think it should.
• 32:08
  SPEAKER_02: I think it has reached a stage where it needs regulation.
• 32:11
  SPEAKER_02: And this is because I think Cecilia pointed out in the analysis,
• 32:15
  SPEAKER_02: there are various laws that are regulating this sector.
• 32:19
  SPEAKER_02: There is no specific law that's regulating the data or the e-commerce sector.
• 32:24
  SPEAKER_02: I think there's a need to rethink regulation.
• 32:26
  SPEAKER_02: or to see how best to work.
• 32:27
  SPEAKER_02: There is a law under CA, a certain section, there's another section under CAK.
• 32:32
  SPEAKER_02: There needs to be convergence on legislation,
• 32:35
  SPEAKER_02: be able to promote competition and to handle consumer protection issues expeditiously.
• 32:41
  SPEAKER_02: And this would be done best through collaboration of the various agencies that are
• 32:45
  SPEAKER_02: in that area,
• 32:46
  SPEAKER_02: or alternatively,
• 32:48
  SPEAKER_02: strengthening
• 32:49
  SPEAKER_02: or reviewing the Competition Act so that then we're able to look at emerging issues
• 32:53
  SPEAKER_02: like a superior bargaining position,
• 32:56
  SPEAKER_02: emerging issues of a straight market position,
• 32:58
  SPEAKER_02: among others.
• 32:59
  SPEAKER_02: So yes, there is need to regulate.
• 33:01
  SPEAKER_01: Thank you, Lynette.
• 33:01
  SPEAKER_01: Cecilia, maybe you can give us some of the other concretions that you came up with in the study.
• 33:05
  SPEAKER_03: I guess as Lynette has pointed out,
• 33:08
  SPEAKER_03: we reviewed various regulations in Kenya that touch on digital markets and there is
• 33:13
  SPEAKER_03: no explicit regulation.
• 33:15
  SPEAKER_03: So there is need for those fragmented laws and regulations to be put into one law
• 33:22
  SPEAKER_03: or maybe for the regulators to work together to come up with a solution for that.
• 33:27
  SPEAKER_03: And we also found out that there was no manifestation of market power when it comes
• 33:33
  SPEAKER_03: to the platforms because the retailers were able to set their own prices.
• 33:37
  SPEAKER_03: They were not restricted.
• 33:39
  SPEAKER_03: There were no requirements to match terms of sale.
• 33:42
  SPEAKER_03: But with the couriers, we found there was that imbalance of power.
• 33:46
  SPEAKER_03: And with that,
• 33:47
  SPEAKER_03: then there is need to look into the terms and conditions for the couriers so that
• 33:52
  SPEAKER_03: they are not treated unfairly in this platform.
• 33:55
  SPEAKER_03: So on the data-related findings,
• 33:57
  SPEAKER_03: there were issues of locked-in effect due to the consumers did not have a choice to
• 34:03
  SPEAKER_03: accept or decline.
• 34:05
  SPEAKER_03: So acceptance or decline of data-related terms and conditions were not a choice the
• 34:12
  SPEAKER_03: consumers could take in this.
• 34:14
  SPEAKER_03: because they will be discontinued then there were issues of some platforms not
• 34:19
  SPEAKER_03: having their internal consumer address mechanisms because of the lack of the
• 34:23
  SPEAKER_03: explicit terms and conditions on their online food segment so for that the
• 34:28
  SPEAKER_03: recommendations that the authority came up with was to review
• 34:33
  SPEAKER_03: existing powers and approaches,
• 34:35
  SPEAKER_03: especially the enforcement powers of the authority,
• 34:38
  SPEAKER_03: to ensure that the authority can be able to initiate cases on their own motion,
• 34:42
  SPEAKER_03: like consumer protection cases,
• 34:44
  SPEAKER_03: because as of now,
• 34:45
  SPEAKER_03: the authority can only handle the consumer protection case that they receive from consumers.
• 34:50
  SPEAKER_03: And if these cases,
• 34:51
  SPEAKER_03: like we saw on data protection,
• 34:53
  SPEAKER_03: are not logged with the authority by consumers,
• 34:56
  SPEAKER_03: then we are not able to handle them.
• 34:58
  SPEAKER_03: There are also issues of we cannot investigate abuse of a superior bargaining
• 35:04
  SPEAKER_03: position because those provisions are not in our law.
• 35:07
  SPEAKER_03: We also have issues of consumer protection whereby there is need for consumer
• 35:12
  SPEAKER_03: awareness to know their roles and responsibilities when it comes to digital markets.
• 35:17
  SPEAKER_03: So there's need for that and also to address the issues of delivery delays and also
• 35:23
  SPEAKER_03: product-related complaints that we identified during the study.
• 35:27
  SPEAKER_03: So there's need for the authority to address that with the platform.
• 35:31
  SPEAKER_03: Also, there's need for collaboration because of the fragmented laws that exist that regulate e-commerce.
• 35:37
  SPEAKER_03: And there's also need for a lot of advocacy when it comes to digital markets.
• 35:42
  SPEAKER_03: And those are the recommendations that came up from the study.
• 35:46
  SPEAKER_01: Thank you.
• 35:46
  SPEAKER_01: for all that.
• 35:47
  SPEAKER_01: Kari, any quick top of the mind takeaways from that comprehensive research?
• 35:51
  SPEAKER_02: I think Cecilia has really nailed it.
• 35:54
  SPEAKER_02: So I do not want to add anything more.
• 35:58
  SPEAKER_02: But what I can say about market inquiries,
• 36:00
  SPEAKER_02: Eric,
• 36:01
  SPEAKER_02: the challenge we've had at the authority with market inquiries is that some of the
• 36:05
  SPEAKER_02: stakeholders seem to think that a market inquiry is an investigation.
• 36:10
  SPEAKER_02: No.
• 36:11
  SPEAKER_02: A market inquiry is a friendly way of trying to improve how business is working.
• 36:16
  SPEAKER_02: It's our way of trying to understand what are the market failure and what can we do
• 36:21
  SPEAKER_02: as a competition agency to ensure that you're able to do business well,
• 36:26
  SPEAKER_02: that our consumers are well served and that you're able to contribute to the economy.
• 36:31
  SPEAKER_02: When we approach stakeholders,
• 36:32
  SPEAKER_02: this is an appeal to the stakeholders online,
• 36:34
  SPEAKER_02: is that we are here to ensure that businesses work well and that you're able to
• 36:39
  SPEAKER_02: make money from the business you're doing through proper working market.
• 36:42
  SPEAKER_02: Thank you.
• 36:43
  SPEAKER_01: Thank you so much on that.
• 36:44
  SPEAKER_01: Mugambi,
• 36:45
  SPEAKER_01: do you have any,
• 36:46
  SPEAKER_01: maybe something that you may have missed in terms of the discussion points today?
• 36:49
  SPEAKER_01: I think one of them is also how they can explore CAK as a complaint channel.
• 36:53
  SPEAKER_01: Do you think that's something that you can emphasize?
• 36:55
  SPEAKER_01: Thank you.
• 36:56
  SPEAKER_01: Before even I got the...
• 36:58
  SPEAKER_00: CK Exploration, thank you team for the elaborate explanation.
• 37:02
  SPEAKER_00: I am a champion of simplicity,
• 37:04
  SPEAKER_00: so I wanted to explain some few things,
• 37:06
  SPEAKER_00: three terms that have been used,
• 37:08
  SPEAKER_00: which perhaps some of our listeners are not aware.
• 37:11
  SPEAKER_00: One is market power.
• 37:12
  SPEAKER_00: So market power in competition law is related more or less to dominance.
• 37:17
  SPEAKER_00: So dominance in our law, the Competition Act, Cap 504, talks about 50 plus.
• 37:24
  SPEAKER_00: So if you own 50 plus of the market, then you're dominant.
• 37:27
  SPEAKER_00: Per se, it's not illegal.
• 37:29
  SPEAKER_00: The abuse of that dominance is what is illegal.
• 37:31
  SPEAKER_00: Market power,
• 37:31
  SPEAKER_00: on the other hand,
• 37:32
  SPEAKER_00: is someone in the market who can set prices,
• 37:35
  SPEAKER_00: can determine sales terms without being bothered about a competitor.
• 37:39
  SPEAKER_00: So they may even have 25% of the market,
• 37:42
  SPEAKER_00: 30%,
• 37:43
  SPEAKER_00: but they have market power if they can go about their business without bothering
• 37:47
  SPEAKER_00: about their competitors.
• 37:48
  SPEAKER_00: So there are two terms that my colleague Cecilia has used.
• 37:51
  SPEAKER_00: There's one, superior bargaining position, which is related to habits of buyer power.
• 37:55
  SPEAKER_00: She said correctly that currently we are not able to attend to these issues.
• 38:00
  SPEAKER_00: Abuse of buyer power,
• 38:01
  SPEAKER_00: I said,
• 38:01
  SPEAKER_00: it's where you,
• 38:02
  SPEAKER_00: there's a person at the top who owns a critical infrastructure and everyone else
• 38:06
  SPEAKER_00: who is selling to that buyer is very dependent on them.
• 38:09
  SPEAKER_00: The buyer may abuse that position.
• 38:11
  SPEAKER_00: That's called abuse of buyer power.
• 38:13
  SPEAKER_00: But we find instances where the seller selling to this person who has the critical
• 38:17
  SPEAKER_00: infrastructure has the bigger negotiating power.
• 38:20
  SPEAKER_00: So when they get to the contract negotiation stage,
• 38:23
  SPEAKER_00: The tables turn.
• 38:25
  SPEAKER_00: It's flipped that the buyer is more or less in a, you know, compromised position.
• 38:29
  SPEAKER_00: There are suggestions, there are recommendations.
• 38:31
  SPEAKER_00: We are currently going through the normal amendment channels.
• 38:34
  SPEAKER_00: If they pass, then we'll also make them public.
• 38:37
  SPEAKER_00: So to attend to those issues, then there's something called strategic market position.
• 38:41
  SPEAKER_00: Strategic market position mostly deals with entities that are in the digital space.
• 38:47
  SPEAKER_00: And particularly those who are in the data, they own a platform that extracts a lot of data.
• 38:53
  SPEAKER_00: And this data is quite useful to other competitors to compete.
• 38:56
  SPEAKER_00: So they may own 5% of the market,
• 38:58
  SPEAKER_00: but they have a platform that has so much data that anyone else to compete fairly
• 39:02
  SPEAKER_00: in that market,
• 39:03
  SPEAKER_00: they need access to that data.
• 39:05
  SPEAKER_00: So they may abuse that position.
• 39:06
  SPEAKER_00: So they are a bit technical.
• 39:08
  SPEAKER_00: They may sound a bit tough, but I hope I've explained them to the best of my ability.
• 39:13
  SPEAKER_00: My closing remarks would be, number one is about publicity.
• 39:17
  SPEAKER_00: CAK pride itself in being a champion of access to information.
• 39:23
  SPEAKER_00: Make use of our website if you're interested in competition law matters.
• 39:26
  SPEAKER_00: We try as much as possible to publish a lot of information there.
• 39:30
  SPEAKER_00: As Nenette correctly put it,
• 39:32
  SPEAKER_00: We had opinion pieces about this issue, this inquiry.
• 39:35
  SPEAKER_00: We have this spaces event.
• 39:37
  SPEAKER_00: We publicize it on our LinkedIn page.
• 39:39
  SPEAKER_00: So follow us on Twitter, follow us on LinkedIn.
• 39:41
  SPEAKER_00: We also publish on Facebook.
• 39:43
  SPEAKER_00: We have a WhatsApp channel.
• 39:44
  SPEAKER_00: Make it more vibrant.
• 39:45
  SPEAKER_00: We'll continue posting information there.
• 39:47
  SPEAKER_00: But our website, if it just takes time, we'll revamp it over the next one month.
• 39:51
  SPEAKER_00: Make it a bit simpler for everyone to get information.
• 39:53
  SPEAKER_00: Make use of it if you're interested in competition law matters.
• 39:56
  SPEAKER_00: It's quite accessible.
• 39:57
  SPEAKER_00: I've seen again, Mokaya, you've reposted our e-filing portal.
• 40:01
  SPEAKER_00: As I mentioned earlier in the conversation,
• 40:03
  SPEAKER_00: we do not charge a single cent for anything other than merger filing fees.
• 40:08
  SPEAKER_00: So unless you're buying another company and you meet the threshold of a billion plus,
• 40:12
  SPEAKER_00: don't pay for any service out there from anyone who says they are related to CAK.
• 40:16
  SPEAKER_00: They are not.
• 40:17
  SPEAKER_00: We don't charge unless you're buying a company and you meet the threshold for full merger analysis.
• 40:22
  SPEAKER_00: which is a B plus combined between the buyer and the seller in this case.
• 40:26
  SPEAKER_00: So make use of it.
• 40:27
  SPEAKER_00: We have an email, complaints at cak.go.ke.
• 40:32
  SPEAKER_00: We'll respond to you in a day or two, and then we'll take the process through the normal channels.
• 40:36
  SPEAKER_00: Give us time because even if you accuse anyone of any wrongdoing,
• 40:39
  SPEAKER_00: we have to give them a chance to answer or respond to your allegations.
• 40:43
  SPEAKER_00: Again, you could call us.
• 40:45
  SPEAKER_00: We have a phone number.
• 40:46
  SPEAKER_00: We don't have a toll-free one yet.
• 40:48
  SPEAKER_00: Plus 254-
• 40:49
  SPEAKER_00: two zero two seven seven nine thousand plus two five four two zero two seven seven nine thousand.
• 40:58
  SPEAKER_00: Again, it's free.
• 40:59
  SPEAKER_00: So if you miss the portal, it's a bit lengthy.
• 41:03
  SPEAKER_00: I don't want to spell it out.
• 41:05
  SPEAKER_00: You can go to our website, www.cak.go.ke under the e-services tab.
• 41:12
  SPEAKER_00: I think it's bad on the website.
• 41:14
  SPEAKER_00: You'll just get everything there.
• 41:16
  SPEAKER_00: All our work is done online.
• 41:18
  SPEAKER_00: We are a fully digitalized entity.
• 41:20
  SPEAKER_00: So if you want to file a merger,
• 41:21
  SPEAKER_00: if you want to file a consumer complaint,
• 41:24
  SPEAKER_00: if you want to file a complaint about price fixing,
• 41:26
  SPEAKER_00: about habits of dominance,
• 41:28
  SPEAKER_00: everything is done on App Portal.
• 41:29
  SPEAKER_00: And it's free of charge with the exception of merger filing fees.
• 41:33
  SPEAKER_00: So I'm very grateful, Eric, unless you have another question.
• 41:36
  SPEAKER_01: One more thing, and a very interesting read is usually on your kind of report.
• 41:41
  SPEAKER_01: So you have details of some of the complaints that consumers usually have to you.
• 41:48
  SPEAKER_01: And I would want to maybe throw a question at you.
• 41:50
  SPEAKER_01: Is there a consumer complaint?
• 41:51
  SPEAKER_01: Seeing inquiry that you had a look in the latest annual report that was very interesting to you.
• 41:56
  SPEAKER_01: I find them very interesting because they do become sources of oftentimes,
• 41:59
  SPEAKER_01: and maybe people don't notice it,
• 42:01
  SPEAKER_01: the Business Daily picks them up as a news story a lot of times,
• 42:03
  SPEAKER_01: especially once you read the annual report.
• 42:05
  SPEAKER_01: Maybe you can speak to one or two that you may have received that were interesting from your perspective.
• 42:10
  SPEAKER_00: Let me first also thank you for being part of this journey.
• 42:13
  SPEAKER_00: When we published in our report, the determinations, I see you picked them up quite fast.
• 42:19
  SPEAKER_00: So we are grateful for that.
• 42:20
  SPEAKER_00: You're a pro bono publicist for the authority.
• 42:23
  SPEAKER_00: So we thank you and we are grateful.
• 42:25
  SPEAKER_00: And the annual report we published, I think one, maybe five weeks ago.
• 42:28
  SPEAKER_00: It's on the website, all our annual reports are on the website.
• 42:31
  SPEAKER_00: If you go to the back pages of the annual report,
• 42:33
  SPEAKER_00: you'll find we are required by law,
• 42:35
  SPEAKER_00: by our competition,
• 42:36
  SPEAKER_00: to publish all the matters.
• 42:38
  SPEAKER_00: The majority of the cases that we are attending to are in the financial sector.
• 42:42
  SPEAKER_00: There's aviation, a bit of aviation.
• 42:44
  SPEAKER_00: You'll find that people missed a ticket or requested for another booking and the carrier did not...
• 42:52
  SPEAKER_00: meet the terms that had been agreed to.
• 42:55
  SPEAKER_00: In the financial services sector, you'll find a lot of people who are exposed to hidden charges.
• 43:00
  SPEAKER_00: When you're going to get the loan, you're going to get a facility.
• 43:03
  SPEAKER_00: Whether it's a personal loan,
• 43:04
  SPEAKER_00: whether it's asset financing,
• 43:05
  SPEAKER_00: you're not told about the terms and conditions entirely.
• 43:08
  SPEAKER_00: As I said, under the constitution cascaded down to the Competition Act,
• 43:12
  SPEAKER_00: For you to fully enjoy the benefits of a good or a service,
• 43:15
  SPEAKER_00: in this case,
• 43:15
  SPEAKER_00: the example I'll give you is a service,
• 43:17
  SPEAKER_00: the person selling the same to you should give you all the full information.
• 43:20
  SPEAKER_00: If it's a good thing about where to get parts, where to get spare parts.
• 43:24
  SPEAKER_00: If it's a service,
• 43:24
  SPEAKER_00: for instance,
• 43:25
  SPEAKER_00: a loan that I'm talking about,
• 43:26
  SPEAKER_00: you should have a proper breakdown of how much you'll pay,
• 43:30
  SPEAKER_00: the percentage,
• 43:31
  SPEAKER_00: the interest rate,
• 43:31
  SPEAKER_00: the penalty,
• 43:32
  SPEAKER_00: if you fall into payment.
• 43:33
  SPEAKER_00: So there are a lot of cases around that.
• 43:35
  SPEAKER_00: But what we are seeing a lot,
• 43:37
  SPEAKER_00: increasing complaints bordering on the Shiloh business,
• 43:41
  SPEAKER_00: or I don't know,
• 43:41
  SPEAKER_00: for lack of a better word.
• 43:43
  SPEAKER_00: We are very exceedingly egregious to our consumers, our fellow Kenyans.
• 43:48
  SPEAKER_00: People are not being told what to pay.
• 43:50
  SPEAKER_00: So you'll find cases where someone took a loan of 300k,
• 43:53
  SPEAKER_00: they were to pay 500k,
• 43:56
  SPEAKER_00: but they end up paying the 500k.
• 43:59
  SPEAKER_00: While they're going to finish and get a clear answer later, they're told they still owe another 500,000.
• 44:04
  SPEAKER_00: It's just strange to look at them, those figures, they're taking down families.
• 44:07
  SPEAKER_00: And that's what we're seeing quite a bit of in the market right now.
• 44:11
  SPEAKER_00: But it's a non-exhaustive example I've given.
• 44:13
  SPEAKER_00: If you want, just go to our website under the policy and research segment.
• 44:17
  SPEAKER_00: Under the annual reports, you'll find around 10 or 9 annual reports.
• 44:21
  SPEAKER_00: The latest is there, 2022 to June 2023.
• 44:24
  SPEAKER_00: On the back pages of the appendices,
• 44:26
  SPEAKER_00: you'll find every single matter we've attended to over the last financial year.
• 44:30
  SPEAKER_00: And the next one month, obviously, will be done with the financial year.
• 44:33
  SPEAKER_00: And as I said, we are pro-access to information.
• 44:36
  SPEAKER_00: We'll publish everything that we've done over the last financial year to our stakeholders,
• 44:41
  SPEAKER_00: who is the Kenyan public.
• 44:42
  SPEAKER_00: Thank you.
• 44:43
  SPEAKER_01: One thing I noted in the latest one, there was quite a couple of complaints on Sarkoz.
• 44:47
  SPEAKER_01: So we do hope to host Sarkoz on our Twitter space sometime soon to hear some of the complaints there.
• 44:53
  SPEAKER_01: So back to Kari and Cecilia, so maybe you can give us your closing thoughts in that regard.
• 44:56
  SPEAKER_01: Perhaps a question I would throw to either of you is would having a local office for
• 45:01
  SPEAKER_01: for some of these online platforms be of help to local consumers who have a lot of
• 45:05
  SPEAKER_01: complaints against them.
• 45:06
  SPEAKER_01: So we'll start with maybe Cecilia and then we finish with Karin.
• 45:10
  SPEAKER_01: Answer that plus your closing thoughts as we wind up the conversation.
• 45:13
  SPEAKER_03: I'll start with your question.
• 45:14
  SPEAKER_03: Having a local office may help in that if a consumer complaint, for example, is not handled,
• 45:21
  SPEAKER_03: Then the consumer knows where or might know where that office is and where they can follow that up.
• 45:28
  SPEAKER_03: And also for the regulators,
• 45:30
  SPEAKER_03: it's very easy to follow up a company that has a lot of,
• 45:33
  SPEAKER_03: you know,
• 45:33
  SPEAKER_03: where they are physically located.
• 45:36
  SPEAKER_03: And so if they're online, how do you follow them up?
• 45:40
  SPEAKER_03: If you send an email and the email is not replied to,
• 45:44
  SPEAKER_03: or you send a letter,
• 45:45
  SPEAKER_03: it's not replied to,
• 45:46
  SPEAKER_03: then where do you get these companies?
• 45:49
  SPEAKER_03: So it's a good thing to have a local of where the government,
• 45:53
  SPEAKER_03: the regulators and the consumers can get you.
• 45:56
  SPEAKER_03: So my closing remarks will be that
• 45:58
  SPEAKER_03: The authority needs a lot of work in the digital markets and we are up to the task.
• 46:04
  SPEAKER_03: We are doing a lot in that space, especially on consumer protection.
• 46:09
  SPEAKER_03: And we have quite a robust law in consumer protection,
• 46:13
  SPEAKER_03: but we are not quite there when it comes to digital markets.
• 46:16
  SPEAKER_03: So we are doing a lot and I hope we will be able to help consumers and also help business in the markets.
• 46:25
  SPEAKER_03: Thank you.
• 46:26
  SPEAKER_01: All right.
• 46:26
  SPEAKER_01: Over to you, Cara.
• 46:27
  SPEAKER_02: Thank you, Eric.
• 46:28
  SPEAKER_02: To answer your question,
• 46:29
  SPEAKER_02: yes,
• 46:29
  SPEAKER_02: a local office would obviously extend or fast resolution of consumer complaints and
• 46:35
  SPEAKER_02: also gives confidence to the consumers when using this platform because they know
• 46:39
  SPEAKER_02: they have a physical touch with the service they are using.
• 46:42
  SPEAKER_02: I appreciate the time we've had to elaborate on market inquiries.
• 46:46
  SPEAKER_01: I think you carry on that.
• 46:48
  SPEAKER_01: On that note,
• 46:48
  SPEAKER_01: from what I've learned at Leicester and also from what you discussed today is a
• 46:52
  SPEAKER_01: market inquiry is more to get to know the space and what's happening.
• 46:55
  SPEAKER_01: And what happens a bit from observing markets abroad and even in Canada,
• 46:59
  SPEAKER_01: the digital space moves so fast that regulation catches up with them much later.
• 47:04
  SPEAKER_01: There was an interview a couple of months ago that I was listening to and the
• 47:08
  SPEAKER_01: formation of M-Pesa and how it started and all.
• 47:10
  SPEAKER_01: There are lots of objections,
• 47:12
  SPEAKER_01: but then what I heard the CEO back then was Michael Joseph saying that they decided,
• 47:16
  SPEAKER_01: okay,
• 47:17
  SPEAKER_01: let's just launch the product and then say sorry later,
• 47:20
  SPEAKER_01: instead of just waiting until the regulation is formed so that you can then launch
• 47:24
  SPEAKER_01: the product.
• 47:25
  SPEAKER_01: So.
• 47:25
  SPEAKER_01: I think that's usually the approach a lot of these online platforms do.
• 47:28
  SPEAKER_01: So they just launch,
• 47:29
  SPEAKER_01: come into the market,
• 47:30
  SPEAKER_01: give the product,
• 47:31
  SPEAKER_01: and then consumers have a lot of complaints in the process.
• 47:34
  SPEAKER_01: And then as we've listened to the whole conversation,
• 47:37
  SPEAKER_01: it seems like there's no really clear regulation on some of these platforms.
• 47:40
  SPEAKER_01: So I think such inquiries in
• 47:42
  SPEAKER_01: reform the regulatory aspect of it and policy,
• 47:45
  SPEAKER_01: which can also help the consumers at the end of the day,
• 47:47
  SPEAKER_01: because I think as always,
• 47:48
  SPEAKER_01: the market is sometimes way ahead of regulation and regulations takes time to catch up.
• 47:53
  SPEAKER_01: And that's common, not just in Kenya, but also abroad.
• 47:55
  SPEAKER_01: So thank you so much for this market inquiry, very informative discussion.
• 47:59
  SPEAKER_01: Gamby, unless you have any closing thoughts, I would also close there.
• 48:03
  SPEAKER_01: Any closing thoughts from you?
• 48:04
  SPEAKER_00: I think I'd cleared my bit,
• 48:06
  SPEAKER_00: but again,
• 48:07
  SPEAKER_00: I just want to re-emphasize that our website has a ton of information.
• 48:11
  SPEAKER_00: If you want anything from CAK,
• 48:15
  SPEAKER_00: my email is public,
• 48:16
  SPEAKER_00: mmotegi at cak.go.ke,
• 48:19
  SPEAKER_00: or you can send to the official email info at cak.go.ke.
• 48:23
  SPEAKER_00: If you're seeking information, we'll give it to you.
• 48:26
  SPEAKER_00: Obviously go through the internal procedures or checks to see what can be shared, what can't be shared.
• 48:32
  SPEAKER_00: And sometimes that it's just a challenge that I'd want to pose perhaps to everyone.
• 48:36
  SPEAKER_00: All of us are consumers.
• 48:37
  SPEAKER_00: Kaya has just talked about a complaint handling system.
• 48:40
  SPEAKER_00: My challenge to you is try us out and see whether what you're preaching is true or not.
• 48:45
  SPEAKER_00: If you have a complaint, try us out.
• 48:47
  SPEAKER_00: Don't just share it on Facebook, on platforms or groups I see.
• 48:50
  SPEAKER_00: Take the extra step to use the regulations which are promulgated for you or on your
• 48:55
  SPEAKER_00: behalf to see whether you can get redressed.
• 48:58
  SPEAKER_00: Try us out and then make your own conclusion about CEK's complaint handling mechanism.
• 49:03
  SPEAKER_00: Thank you.
• 49:03
  SPEAKER_01: Thank you so much.
• 49:04
  SPEAKER_01: And one more thing away from the report,
• 49:06
  SPEAKER_01: if the complaint is not under their jurisdiction,
• 49:08
  SPEAKER_01: they usually refer you to the proper authority to go to.
• 49:11
  SPEAKER_01: So I think that's very important and something I picked from the annual report.
• 49:14
  SPEAKER_01: The phrase I was looking for that some of these tech platforms,
• 49:17
  SPEAKER_01: their modus operandi is that they would rather ask for forgiveness than ask for permission.
• 49:21
  SPEAKER_01: So I think you go ahead and then you launch and then perhaps later you get the
• 49:25
  SPEAKER_01: permission once the law catches up to
• 49:27
  SPEAKER_01: Thank you for this market inquiry on online platforms.
• 49:29
  SPEAKER_01: I hope it informs more discussions on this and looking forward to hosting you guys
• 49:33
  SPEAKER_01: again soon to discuss more with people in the audience.
• 49:35
  SPEAKER_01: Thank you so much for joining us on these spaces today.
• 49:38
  SPEAKER_01: Hopefully they've been as informative as they can be.
• 49:41
  SPEAKER_01: Keep an eye on our timeline for more discussions on markets.
• 49:44
  SPEAKER_01: We want to be an informed investor and an informed listener in terms of our
• 49:48
  SPEAKER_01: business and markets in Kenya.