Increase in the number of countries with competition laws an increment by 600% since 90s to current. Directorgeneral competition authority of kenya the views. Trends in competition law enforcement across africa. The second involves the combination of technical and economic regulation in a sectorspecific regulator with some competition law enforcement. Published by the national council for law reporting with the authority of. Bodies corporate under common control to be regarded as a single person for the purposes of sections 8, 9, and i 0. Assessing the economic impact of competition vi executive summary this report discusses the findings of an odi research project examining.
This is borne from the observed fact that competition policy and law wherever introduced is expected to shore up, static and dynamic efficiency which leads to overall economic development3. The restrictive trade practices, monopolies and price. The commission should promote the link between competition policy and poverty reduction. A comparative study with developed and developing nations. Market definition guidelines competition authority. 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. International cooperation of competition authorities in the fight against crossborder anticompetitive practices and mergers the case of kenya. Assessing the economic impact of competition ii acknowledgements the authors wish to thank david ongolo, chiwama musonda, peter quartey, elvis agyareboakye, tran ngoc diep, vu huy, shaikh eskander, iftekharul huq, shyam khemani, john davies, juanpablo rud, and alena kozakova, who all participated in the project as study team members in the. Come browse our large digital warehouse of free sample essays.
The authority also has search and seizure powers under the act, the enforcement of which can be carried out with the assistance of police officers and other law enforcement agencies. In march this year, the authority conducted its first dawn raid at the offices of fertiliser. Kenyas competition law is contained in the restrictive. It provides a framework for competition analysis and it is usually the first step in the assessment. Read this essay on analysis of competition law in kenya. For competition to exist the articles or services of the. Get the knowledge you need in order to pass your classes and more. The competition act is a broad piece of legislation as it seeks to promote and safeguard competition in the economy whilst. To summarize the aforesaid, need for competition law enforcement cooperation is gaining momentum due to. Directorgeneral competition authority of kenya the views expressed are those of the author and do not necessarily reflect the views of unctad a kenyan economy with globally efficient markets and enhanced consumer welfare for shared prosperity.
Competition law and policy in kenya and zambia, world competition on deepdyve, the largest online rental service for scholarly research with thousands of academic publications available at your fingertips. Trade liberalization and hence creation of recs and globalization. The est african community competition act, 2006 arrangement of sections part i preliminary provisions sections 1. Resident firms pay a corporate tax rate of 30%, whereas nonresident firms pay a rate of 37. The high court of kenya handed down judgment on the first competition case in kenya, in the matter between mea limited and the competition authority of kenya cak, this year. According to a recent world bank report 1, in 15 years the number of jurisdictions in africa with competition law has almost trebled.
Ordering the termination of an agreement, the halting of a practice or an activity, the setting aside of a decision which contravene the law related to competition and consumer protection. Our track record of providing specialist legal services, both domestic and crossborder, in the fields of corporate law, banking and finance law. Intergovernmental group of experts on competition law and policy 18th session 1012 july 2019 room xvii, palais des nations, geneva thursday 11 july, 2019 country statement. These clients including mining, manufacturing, telecommunications and financial services companies, and foreign multinationals. 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. Xolani nyali, a senior associate in the competition practice at bowmans south africa, looks at some of the competition law issues making headlines in africa this year and how they will impact competition law proceedings in the coming year. It can be a rgued that i t is important to state the objectives of competition law as these objectives often exert influenc e on how the law is to be interpreted and enfor ced kaplow, 2014. Pdf with the coming into force of the competition act 2010 and creation of its two key enforcement institutions, the competition authority.
S, 21, 4950, 5859, 7374, 82 amended by cooperative banks act 40 of 2007 from 1 aug 2008. East african competition authority is undertaking sector studies to inform the competitiveness of the regional economy. On 910 september 2019, the comesa competition commission ccc hosted its 6th regional sensitization workshop for business reporters on competition law and trade developments within the common market workshop in nairobi, kenya as part of its advocacy initiative to promote competition law and enforcement activities across the comesa region. 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. Over 20 african countries now have national competition laws and in the last 18 months, several countries have taken steps towards enacting competition legislation, including ethiopia and mozambique. Administrative appeals tribunal act 1975 australia. Buyer power as an emerging concern in the kenyan economy. Competition policy and law in tanzania godfrey mkocha, dgfcc tanzania, at the third annual competition commission, competition tribunal and mandela institute conference on competition law, economics and policy in south africa at the south africa competition commission, 20090903 1. Prior to the promulgation of the constitution in the year 2010, there was no specific law dealing with consumer protection in kenya.
Competition law developments in africa in 2016 alb article. East africa competition watchdog begins operations, market. Amended by competition amendment act 1 of 2009 from date to be proclaimed. It may be said to exist whenever there is potential diversion of trade from one to another. Competition law in kenya is maintained and upheld by the competition authority of kenya, established under the competition act of 2012.
Since the development of opposition to recent changes in kenya s constitutional and political systems, mr. A new competition act 2 extensive changes to the competition act were signed into law on february 2019. Competition law and policy in south africa competition law. February, 1989 an act of parliament to encourage competition in the economy by prohibiting restrictive trade practices, controlling monopolies, concentrations of economic power and prices and for connected purposes part ipreliminary 1. Pdf kenyas new competition policy regime researchgate. Under this legislation, the competition commission of india was established to prevent the activities that have an adverse effect on competition in india.
Ncas and the domestic courts are able not only to apply the article 1011 prohibition on anticompetitive agreements but also to declare whether the criteria of article 10 are met by. The rule of law in kenya and the status of human rights gibson kamau kuria currently lives in the united states as apolitical exile from his homeland, kenya. Kenya and tanzania are the only two countries that have national competition laws together with respective institutions. This paper begins by examining the various approaches to defining buyer power in competition law literature, followed by an overview of kenya s attempts to control buyer power through merger control and restrictive trade practices in the supermarket retail sector. This section contains free ebooks and guides on law books, some of the resources in this section can be viewed online and some of them can be downloaded. On 12 april 2018 the uks primary competition regulator, the competition markets authority the cma, published advice on joint ventures and competition law. 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. Financial sector reforms, competition and banking system. Competition law plays a vital role in the realization of this objective, therefore its imperative that journalists have an understanding of how competition law contributes to the agenda.
In 20, mozambique adopted its long awaited competition regulations, which will for the first time introduce a merger control regime in that country. Kenyas newly gazetted competition law, cited as the competition act. This act may be cited as the competition short title. In the 2019 state of the nation address, the president highlighted high levels. Kenya is also subject to the following competition law regimes. That credible competition law, and effective structures to administer that law are necessary for an efficient functioning economy. Competition law and policy in south africa south africa aspires to a modern competition policy regime to support the fundamental restructuration of government institutions. Paged competition act no12 of 2010 kenya law reports. Exemptions and exceptions 2 arrangements such as specialization and rationalization agreements, and the development of product standards. These include replacing the current act with a modern competition law and transforming the commission into an autonomous competition authority. The basics of competition law in general, the concept of competition involves the striving of two or more persons endeavouring to obtain the same end. S 18 amended by competition 2nd amendment act 39 of 2000 from 1 feb 2000.
The competition act, 2002 was enacted by the parliament of india and governs indian competition law. Future competition in the world is ip competition chinese premier, wen jiabao. The report concludes with policy options for consideration. The competition act, 2010, in this act referred to amendment of the principal. An act of parliament to amend the competition act, 2010 enacted by parliament of kenya, as follows 1. Prohibition of anticompetitive concerted practices. In december 2016, kenya became the first country in africa to adopt specific legislative provisions on buyer power through the competition law framework. According to competition authority of kenya, abuse of buyer power is an emerging issue of concern in the kenyan economy particularly in the retail sector because of the failure of buyers to. Competition law has not played the role it should in the economic restructuring process in kenya.
Unwarranted concentrations of economic power and restrictive trade. The competition commission is a statutory body constituted in terms of the competition act, no 89 of 1998 by the government of south africa empowered to investigate, control and evaluate restrictive business practices, abuse of dominant positions and mergers in order to achieve equity and efficiency in the south african economy. The provisions of the competition law have engendered the regulation of mergers. Tender for the provision of cleaning,garbage collection. Africa competition law our competition law practice our competition law practice bowmans is a leading african law firm.
As it stands, the objective of kenyas competition law is to encourage competition in the economy by prohibiting restrictive trade practices, controlling. The changes will come into effect on a date to be fixed by the president by proclamation in the government gazette. Competition act 89 of 1998 south african government. The underlying philosophy of the kenyan competition law has been to protect consumers against price increases. Trade practices monopolies and price control act chapter. That credible competition law, and effective structures to administer that law are necessary for an efficient. Welcome to competition authority of kenya competition. Competition law and policy in economic restructuring an. 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.
102 599 1596 728 30 1208 1259 77 1102 1596 300 797 994 1080 1472 119 1204 802 993 812 719 192 284 707 476 340 1276 314 1423 1380 556 1263 1455 1444 1468