Rwandas competition policy is a necessary complement to comesas regional competition policy. This constitution is the constitution of the republic of kenya and shall have the force of law throughout kenya and, subject to. The republic of kenya shall be a multiparty democratic state. The competition commission is responsible for investigating and evaluating mergers and prohibited practices. 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. The law of contract amendment act, 2019 the amendment act was passed by parliament on the 18th of september 2019 and is now awaiting presidential assent. 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.
According to a recent world bank report1, in 15 years the number of jurisdictions in africa with competition law has almost trebled. Obviously, for kenya, some of the changes required to improve the economy can be implemented in the short term, while other changes of a structural nature will take long. If it attains presidential assent, it will be published in the kenya gazette and come into effect. It has the power to disallow small and intermediate mergers, and makes recommendations on larger mergers to the competition tribunal. It replaced the archaic the monopolies and restrictive trade practices act, 1969. Mpi july 2018 pdf public procurement regulatory authority ppra. Of particular relevance to expansion plans in africa, will.
Laws of kenya insurance act chapter 487 revised edition 2012 2010 published by the national council for law reporting with the authority of the attorneygeneral. Objects of the act the object of this act is to enhance the welfare of the people of kenya by promoting and protecting effective competition in markets and preventing unfair and misleading market conduct throughout kenya, in order to. Trends in competition law enforcement across africa. In conclusion, professional associations in kenya should take advantage of the provisions of section 29 of the competition act which allow professional associations to apply rules whose effect is the lessening of competition in the market, provided they are applied to enhance professional standards, the ordinary functioning of the profession or. An act of parliament to provide for the privatization of public assets. Pdf competition act pdf competition act pdf competition act download. 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. However, some aspects of consumer protection were covered in various pieces of legislation including the trade descriptions act, standards act, weights and measures act, restrictive trade practices, monopolies and price control act now known as the competition. This search type loads first when the laws of kenya is launched. Published by the national council for law reporting with the authority of. Functions of authority q deal with any matter referred to it by the commission under this act. Pdf kenyas new competition policy regime researchgate. East african community competition kenya law reports.
With an eye to what can be implemented immediately, the kenya government has come up with the business law amendment act, 2020, which we look at below. In this act, unless the context otherwise requires. However, some aspects of consumer protection were covered in various pieces of legislation including the trade descriptions act, standards act, weights and measures act, restrictive trade practices, monopolies and price control act now known as. This act may be cited as the competition act, 2010, and shall come into operation on 1. S 18 amended by competition 2nd amendment act 39 of 2000 from 1 feb 2000. Competition act 89 of 1998 south african government. Munyai submitted in accordance with the requirements for the degree of doctor of laws at the. Exemptions and exceptions 2 arrangements such as specialization and rationalization agreements, and the development of product standards. 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. Pdf with the coming into force of the competition act 2010 and creation of its two key.
Munyai submitted in accordance with the requirements for the degree of doctor of laws at the university of south africa supervisor. The competition authority of kenya the authority is one of the most vibrant competition agencies in the region. Under this legislation, the competition commission of india was established to prevent the activities that have an adverse effect on competition in india. An act of the community to promote and protect fair competition in the community, to provide for consumer welfare, to establish the east african community competition authority and for related matters part i preliminary provisions short title and commencement 1. An act to promote and maintain competition in the economy of zimbabwe. The laws governing the electoral system of kenya include. The public procurement and asset disposal act, 2015. S, 21, 4950, 5859, 7374, 82 amended by cooperative banks act 40 of 2007 from 1 aug 2008. The government recognised the need to introduce competition law and the restrictive trade practices, monopolies and price control act came into force in 1989. 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.
The desirability of setting standards for procedures by which the regional competition agency can act as a forum for. The sectoral council trade, industry, investment and finance recently. The public seal of kenya shall be such device as may be prescribed by or under an act of parliament. A number of african countries have introduced or proposed new or updated legislation, and some jurisdictions have introduced guidelines and other policies to facilitate the operation of the legislation.
Since 20, kenya has received the highest number of requests for competition analysis and third party views on mergers and acquisitions from ccc as shown in figure 1. It has, however, rather atavistically in this age of liberalization, contained virtually all the price control provisions contained in the replaced act. Competition commission of pakistan competition act. Short title this act may be cited as the kenya revenue authority act, 1995. Laws of kenya companies act chapter 486 revised edition 2012 2010 published by the national council for law reporting with the authority of the attorneygeneral. 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 the act applies to all undertakings. Commission means the competition commission of singapore established under section 3. Laws of kenya insurance act chapter 487 revised edition 2012 2010 published by the national council for law reporting. 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.
Pdf on mar 31, 2020, vellah kigwiru and others published the covid19. The default search that is supplied to you is to search by act name. Merger control 2020 laws and regulations india iclg. Paged competition act no12 of 2010 kenya law reports. Competition advocacy section 49 6 6 7 7 notes on competition act, 2012 v.
Kenyas new competition policy regime article pdf available in world competition volume 38issue 3. As the laws stand, actual results of abuse of dominance depend on whoever. You can search by act name, act numbercap number or by full text search, or browse using the table of contents. As the laws stand, actual results of abuse of dominance depend on whoever is establishing the existence of market power. Omitted by the competition amendment act, 2007 23 26. Amended by competition amendment act 1 of 2009 from date to be proclaimed. Omitted by the competition amendment act, 2007 23 25. Interpretation in this act, unless the context otherwise requires authority means the kenya revenue authority established by section 3. The public procurement and asset disposal act, 2015 public. Welcome to competition authority of kenya competition. Kenya railways staff retirement benefit scheme block d, 1st floor, haile selassie avenue. Iclg competition litigation laws and regulations covers common issues in competition litigation law and regulations including interim remedies, final remedies, evidence, justificationdefences, timing, settlement, costs, appeal, leniency and anticipated reforms in 30 jurisdictions. Paged competition act no12 of 2010 research ict africa. The law of contract amendment act, 2019 in kenya bowmans.
There are several ways to find content in the laws of kenya database. Trade practices monopolies and price control act chapter. The report of the clrc was published on 26 july 2019 and it recommended certain amendments to the act and. Laws of kenya standards act chapter 496 revised edition 2012 1981 published by the national council for law reporting with the authority of the attorneygeneral. Kenyas competition tribunal was fully constituted and became operational in may 2019 after four members were appointed to the panel. Competition act 1090 kb act current to 20200421 and last amended on 2019. The framework of competition act 2002 has essentially four compartments.
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 for free competition in all spheres. The provisions of the competition law have engendered the regulation of mergers, unwarranted concentrations of economic power and restrictive trade practices. Prior to the promulgation of the constitution in the year 2010, there was no specific law dealing with consumer protection in kenya. Orders by commission after inquiry onto agreements or abuse of 25 dominant position 28. Competition law in kenya a snapshot introduction i n the 1980s, the kenyan economy started to move away from a price control regime, with significant state intervention towards a market economy.
Schedule to the competition act 1998 competition and market authoritys. Pdf notes on competition act ajay r kamath academia. United republic of tanzania, the president of the republic of kenya and the president of the republic of uganda. Since 20, kenya has received the highest number of requests for competition analysis and third party views on mergers and acquisitions from ccc as. Published by the national council passive harmonic filters pdf. Intellectual property and the new competition act in kenya. Kenyas competition law is contained in the restrictive. Laws of kenya limitation of actions act chapter 22 revised edition 2012 2010 published by the national council for law reporting with the authority of the attorneygeneral. Omitted by the competition amendment act, 2007 23 24.
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