OPERA MINI BROWSER ON NOTICE FOR ENGAGING IN UNFAIR & RESTRICTIVE TRADE PRACTICE IN KENYA
The Consumer Protection Watchdog (Competition Authority) on 5th June 2024 issued a Cease-and-Desist Order against Opera Software Ireland Limited the owners and developers of Opera Mini browser for engaging in prohibited conduct that may amount to restrictive trade practice and abuse of dominance position if found culpable after the ongoing authority’s investigation.
In gazette notice number 7142, the Authority accused the owners and developers of Opera Mini Browser of violating consumer rights by blocking customer access and even redirecting customers to other sites. The notice came after ODIBETS a subsidiary of Kareco Holdings Limited complained to the Authority of its customers being blocked from accessing the browser and their customers being redirected to other betting sites.
Below is the extract of the notice:
OPERA SOFTWARE IRELAND LIMITED
CEASE AND DESIST ORDER
PURSUANT to the provisions of section 39 of the Competition Act (Cap. 504), it is notified for general information that in exercise of the powers conferred upon the Competition Authority by section 37 of the Competition Act, the Competition Authority of Kenya (the Authority) issued a Cease and Desist Order against the Opera Software Ireland Limited following the blocking of Kareco Holdings Limited subsidiary, “ODIBETS” from accessing its opera mini browser and redirecting its customers to other betting sites. Opera Software Ireland Limited is directed to, with immediate effect, cease and desist from causing financial harm by blocking ODIBETS from accessing its browser and from further redirecting its customers to other betting sites. This directive will remain in effect until the ongoing investigation is concluded and the Authority issues its decision.
Under the Competition Act the authority is mandated to receive and investigate complaints from legal or natural persons and consumer bodies whenever there is need to protect the rights of consumers. It is the responsibility of the Authority to enhance the welfare of the people of Kenya by promoting and protecting effective competition in markets and preventing unfair and misleading market conduct.
After the investigation to the conduct of Opera Software Ireland Limited the Authority may:
- Declare the conduct of blocking and redirecting customers by Opera Software Ireland Limited to constitute an infringement under the act.
- Restrain Opera Software Ireland Limited from engaging in such conduct.
- Redirect Opera Software Ireland Limited to remedy or reverse the infringement or the effects thereof.
- impose a financial penalty of up to 10% of Opera Software Ireland Limited’s immediately preceding year’s gross annual turnover in Kenya. Or
- Impose any other order as the Authority may deem fit.
For assistance in any matter relating to consumer protection please contact us on info@aowangaadvocates.com or +254794600191
All rights reserved for A.O.WANGA ADVOCATES
www.aowangaadvocates.com
