Competition law notes kenya

  • What is competition law and policy in Kenya?

    Kenya's current competition law aims to protect the process of competition.
    It emphasises reducing entry barriers and restrictive business practices, irrespective of which group they affect..

  • What is the Competition Act of Kenya summary?

    12 of 2010 (the Act).
    The Authority's 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..

  • What is the mandate of Competition Authority of Kenya?

    Overview.
    The Competition Authority of Kenya ('the Authority') is a statutory body established by the Competition Act No. 12 of 2010 ('the Act').
    The Authority's mandate is to promote and safeguard competition in Kenya and protect consumers from unfair and misleading market conduct..

  • Overview.
    The Competition Authority of Kenya ('the Authority') is a statutory body established by the Competition Act No. 12 of 2010 ('the Act').
    The Authority's mandate is to promote and safeguard competition in Kenya and protect consumers from unfair and misleading market conduct.
  • Section 21 prohibits restrictive trade practices (i.e., agreements between undertakings, decisions by associations of undertakings, decisions by undertakings, or concerted practices by undertakings, that have as their object or effect the prevention, distortion or lessening of competition in trade in any goods or
Kenya's current competition law aims to protect the process of competition. It emphasises reducing entry barriers and restrictive business practices, 

Are exclusion and non-compete clauses a restrictive trade practice in Kenya?

Exclusivity and non-compete clauses are treated as restrictive trade practices in Kenya.
This is pursuant to the provisions of section 21 of the Kenya Competition Act, which covers:

  • that have as their object or effect the prevention
  • distortion
  • or lessening of competition in trade of any goods or services in Kenya
  • or a part of Kenya.
  • Do I need to notify the competition authority of Kenya (CAK)?

    no further requirement to notify a merger to the Competition Authority of Kenya ( CAK ) where the Common Market for Eastern and Southern Africa ( COMESA) Merger Notification Thresholds are met; no further requirement to notify a merger to the CAK where the Kenya merger thresholds (see below) are not met; and .

    How effective is Kenya's Competition Policy?

    In a relatively short span of time—less than 10 years—Kenya has built a credible, effective competition policy regime that is based on a modern law with Kenyan characteristics and is enforced by a resourced, professional authority.

    What are the new laws relating to competition law?

    Since January 2019, a number of new laws, rules, and guidelines relating to competition law have been enacted.
    These include:

  • The Competition Amendment Act
  • which came into force on 31 December 2019
  • amends the Competition Act
  • 2010
  • to create a more robust framework for the regulation
  • monitoring
  • assessment
  • and review of abuse of buyer power.

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