Welcome to competition authority of kenya competition. This constitution is the constitution of the republic of kenya and shall have the force of law throughout kenya. Laws of kenya the constitution of kenya, 2010 published by the national council for law reporting with the authority of the attorneygeneral. The competition act is a broad piece of legislation as it seeks to promote and safeguard competition in the economy whilst. An act to provide, keeping in view of the economic development of the country, for the establishment of a commission to prevent practices having adverse effect on competition, to promote and sustain competition in. Following the eacs establishment in 1999, kenya, tanzania and uganda created a customs union a dutyfree trade area with a common external tariff in 2005, and were joined by rwanda and burundi in 2009. This act may be cited as the competition short title. Section 38 l of the east african community competition act, 2006 is amended by substituting for the of secuon xvord. An act to make provision about competition and the abuse of a dominant position in the market.
With the coming into force of the competition act 2010 and creation of its two key enforcement institutions, the competition authority and competition tribunal, kenya has laid the foundation for. The competition amendment bill, 2019 a bill for an act of parliament to amend the competition act enacted by the parliament of kenya, as follows 1. Laws of kenya the media act chapter 411b revised edition 2009 2007 published by the national council for law reporting with the authority of the attorney general. The competition act does not generally regulate prices. In the 2019 state of the nation address, the president highlighted high levels.
Pdf competition act member of appellate tribunal to act as its chairperson in certain cases 47. This act may be cited as the competition amendment act, 2019. Competition authority and the competition tribunal, and for connected purposes. The republic of kenya shall be a multiparty democratic state. Published by the national council for law reporting with the authority of. The changes will come into effect on a date to be fixed by the president by proclamation in the government gazette. The sectoral council trade, industry, investment and finance recently adopted the eac competition regulations 2009 for the soon to be established eac. The public seal of kenya shall be such device as may be prescribed by or under an act of parliament.
B 410 2010 w hereas the process of competition encourages efficiency, innovation. Chapter 486 of the laws of kenya competition act no. The underlying philosophy of the kenyan competition law has been to protect consumers against price increases. The constitution of kenya, which is the supreme law of the land. Competition authority of kenya flexes its muscles by joyce karanjanganga, partner and head of the competition practice in bowman gilfillan africa groups coulson harney office, nairobi, kenya in its strategic plan for the period from 2014 to 201617, the competition authority of. Act to provide for the establishment of a competition commission responsible for the investigation, control and evaluation of restrictive practices, abuse of dominant position, and mergers. East african community eac competition regulations, 2010. Board means the kenya citizens and foreign nationals management. The competition act, 2010, in this act referred to amendment of the principal act, is amended in section 2 by section 2 of no. The african competition forum acf, constituted in 2010, is made up of 35 competition agencies from south africa, north of sahara and south of sahara. Legal regulation of the prices of petroleum products 2012.
An act to promote and maintain competition in the economy of zimbabwe. The construction industry competition authority of. Come browse our large digital warehouse of free sample essays. Section 18 of the competition act, 2010, hereinafter referred to as the principal act, is amended in subsection. The authoritys mandate is to enforce the act with the objective of enhancing the welfare of the people of kenya by promoting and protecting effective competition in markets and preventing misleading market conduct throughout kenya. Introduction of abuse of buyer power provisions muddies the water by michaeljames currie and ruth mosoti in november last year, the editors of africanantitrust indicated that a number of amendments to the kenya competition act of 2010 were being proposed by way of the competition amendment bill amendment bill in the article competition amendment bill. Mar 03, 2014 the competition authority of kenya cak was established by the competition act, 2010 the act to promote and safeguard competition in the national economy. Restrictive trade practices monopolies and price control act. Short title this act may be cited as the industrial property act, 2001. Pdf with the coming into force of the competition act 2010 and creation of its two key enforcement institutions.
Commission means the competition commission of singapore established under section 3. The theory of harm under the malaysian competition act 2010. The competition authority of kenya cak is established under the competition act, no. Kenyas competition tribunal was fully constituted and became operational in may 2019 after four members were appointed to the panel. An act of parliament to amend the competition act, 2010 enacted by parliament of kenya, as follows 1. The competition amendment act, 2016 was passed into law in december 2016 and effectively commences on the th january, 2017. These regulations may be cited as the east african community competition regulations, 2010 and shall come into force on such date as the council may, by notice in the gazette, appoint. The est african community competition act, 2006 arrangement of sections part i preliminary provisions sections 1. Intellectual property and the new competition act in kenya. An act of parliament to amend the competition act enacted by the parliament of kenya, as follows 1. Read this essay on analysis of competition law in kenya. Charging high prices is not, in and of itself, illegal. The east african legislative assembly enacted an east african community competition act in 2006.
This constitution is the constitution of the republic of kenya and shall have the force of law throughout kenya and, subject to. Kenya merger control getting the deal through gtdt. Constitution of kenya, 2010 2 the constitution of kenya, 2010 arrangement of articles preamble chapter onesovereignty of the people and. Act 712 competition act 2010 an act to promote economic development by promoting and protecting the process of competition, thereby protecting the interests of consumers and to provide for matters connected therewith.
Interpretation 1 in this act, unless the context otherwise requires application means a request in a prescribed form made under this act. Kenyas provision of tax incentives is part of the tax competition among the members of the east african community. Kenya industrial property institute and for purposes incidental thereto and connected therewith act no. Monopolies and price control act came into force in. Chapter three citizenship kenya law reform commission klrc. This compilation is affected by a retrospective amendment, please see competition and consumer legislation amendment act 2011 act no. The law and policy of competition in kenya introduction 21. An act to provide for free competition in all spheres. An act to provide, keeping in view of the economic development of the country, for the establishment of a commission to prevent practices having adverse effect on competition, to promote and sustain competition in markets, to protect the interests of consumers and to ensure freedom of trade carried on by other participants in markets, in india, and for matters connected therewith or incidental. Pdf competition act pdf competition act pdf competition act download. Interpretation of expressions 1 the following expressions referred to in the act shall be interpreted in accordance with this section a competition means competition in a market in kenya and refers. Statutes agriculture act contracts in restraint of trade act. Klrc has an additional mandate of preparing new legislation to give effect to the constitution. The case of kenya contribution by competition authority of kenya.
About this compilation this compilation this is a compilation of the competition and consumer act 2010 that shows the text of the law as amended and in force on 1 january 2015 the compilation date. These rules may be cited as the competition general rules, 2018. Public administration is a vehicle for expressing the values and preferences of citizens, communities and society as a whole. Competition commission of pakistan competition act.
Annual reports public procurement regulatory authority kenya. East african community eac competition regulations, 2010 pdf 350kb prev. The law amends the provisions of the existing competition act, 2010. Kenyas newly gazetted competition law, cited as the competition act chapter 12 of 2010, laws of kenya the act is yet to be given a commencement date. Eacj as provided for in sections 44 and 46 of the eac competition act, 2006, and which came into effect on 1st. Insurance regulatory authority competition authority of kenya. This site is like a library, use search box in the widget to get ebook that you want. The competition act, 2010 ca 10 is a state of the art modern law which gives the competition commission of pakistan legal and investigative instruments and powers to engender free competition in all spheres of commercial and economic activity, enhance economic efficiency, and to protect consumers from anticompetitive behaviour.
Click download or read online button to get competition act commentary book now. The occupational safety and health act, 2007 6 an act of parliament to provide for the safety, health and welfare of workers and all persons lawfully present at workplaces, to provide for the establishment of the national council for occupational safety and health and for connected purposes enacted by the parliament of kenya as follows. Application part ii the competition and consumer protection commission 4. The malaysia competition commission mycc is an independent body established under the competition commission act 2010 to enforce the competition act 2010. Section 42 2 of the act requires that merging entities should seek the approval of cak prior to implementing a merger where such merger would lead to the acquisition of. Pdf kenyas new competition policy regime researchgate. The competition act 2010 contains certain categories of agreements for. This act may be cited as the as the kenya citizenship and immigration act, 2011.
The kenya competition amendment bill, 2019, published on 12 july 2019, contains significant amendments to the buyer power provisions of the competition act, 2010. The restrictive trade practices, monopolies and price control. Its main role is to protect the competitive process for the benefit of businesses, consumers and the economy. Paged competition act no12 of 2010 kenya law reports. United republic of tanzania, the president of the republic of kenya and the president of the republic of uganda. Highlights of the federal competition and consumer. Section 2 of the competition act, hereinafter referred to as the principal act, is amended by inserting the following new definition in the proper alphabetical sequence. On march 12, 2009, major amendments to password bodo schafer pdf canadas competition act1 act. Eac competition regulations, 2010 pdf, 351 kb eac standardization, quality assurance, meteorology and testing act, 2006 pdf, 1. Kenya competition amendment bill published bowmans. Pricefixing in kenya is prohibited under the competition act no. This act may be cited as the east african community competition amendment act, 2010. It contains general information intended for the convenient use and guide on how the provisions under part iv of the competition act, act no.
To examine the interface between affirmative actions and the competition act 2010 by proposing regulatory reforms for greater market equality for all enterprises. East african community competition kenya law reports. Intellectual property and the new competition act in kenya future competition in the world is ip competition chinese premier, wen jiabao. Get the knowledge you need in order to pass your classes and more. From an intellectual property ip perspective, the enactments of the competition act, 2010 and the consumer protection act, 2012 have played a major role in balancing the interests of ip owners and ip users in kenya. Regulatory commission on a monthly basis since 2010, despite being glaringly anticompetitive. Act anay be called the competition act, 2010 2 it extends to the whole of pakistan 3 it shall apply to all undertakings and all actions or matters that take place in pakistan and distort compel iaon. The bill seeks to clarify the abuse of buyer power and empowers the competition authority of kenya to investigate such conduct. Concerns have been raised in the press and on social media about allegations of price gouging. This compilation is affected by a retrospective amendment, please see statute law revision act 2012 act no. An act to provide, keeping in view of the economic development of the country, for the establishment of a commission to prevent practices having adverse effect on competition, to promote and sustain competition in markets, to protect the interests. A new competition act 2 extensive changes to the competition act were signed into law on february 2019. Shoora parliament received the assent of the president ori the 6th october, 2010 and is hereby published for general information.
May 30, 2017 these regulations are the competition and consumer regulations 2010. However, in south africa, greenfield joint ventures will generally not be classified as mergers. Prohibition of anticompetitive concerted practices. Competition law and policy in economic restructuring an. Act shall be interpreted in accordance with this section a competition means competition in a market in kenya and refers to the process whereby two or more persons.