Pricefixing in kenya is prohibited under the competition act no. These rules may be cited as the competition general rules, 2018. 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. 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. Concerns have been raised in the press and on social media about allegations of price gouging. Paged competition act no12 of 2010 kenya law reports. The competition act is a broad piece of legislation as it seeks to promote and safeguard competition in the economy whilst. Regulatory commission on a monthly basis since 2010, despite being glaringly anticompetitive. 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. 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. Kenyas competition tribunal was fully constituted and became operational in may 2019 after four members were appointed to the panel. The kenya competition amendment bill, 2019, published on 12 july 2019, contains significant amendments to the buyer power provisions of the competition act, 2010.
Kenya merger control getting the deal through gtdt. The construction industry competition authority of. Competition act commentary download ebook pdf, epub. Monopolies and price control act came into force in. Statutes agriculture act contracts in restraint of trade act. East african community eac competition regulations, 2010. In the 2019 state of the nation address, the president highlighted high levels. 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 kenyas new competition policy regime researchgate. Highlights of the federal competition and consumer.
This act may be cited as the competition amendment act, 2019. 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. However, in south africa, greenfield joint ventures will generally not be classified as mergers. The changes will come into effect on a date to be fixed by the president by proclamation in the government gazette. Intellectual property and the new competition act in kenya. Insurance regulatory authority competition authority of kenya. 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. Kenya s 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 law and policy of competition in kenya introduction 21. The competition act 2010 contains certain categories of agreements for. Section 18 of the competition act, 2010, hereinafter referred to as the principal act, is amended in subsection. The competition act, 2010, in this act referred to amendment of the principal act, is amended in section 2 by section 2 of no. Eacj as provided for in sections 44 and 46 of the eac competition act, 2006, and which came into effect on 1st.
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. The competition amendment act 2016 kenya association of. 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. 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. This constitution is the constitution of the republic of kenya and shall have the force of law throughout kenya and, subject to. Shoora parliament received the assent of the president ori the 6th october, 2010 and is hereby published for general information.
Aemo has the same meaning as in the renewable energy electricity act 2000. A new competition act 2 extensive changes to the competition act were signed into law on february 2019. Kenyas provision of tax incentives is part of the tax competition among the members of the east african community. 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. An act to promote and maintain competition in the economy of zimbabwe. 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. 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. The theory of harm under the malaysian competition act 2010. Competition law and policy in economic restructuring an. Competition authority of kenya consolidated guidelines on the substantive assessment of mergers under the competition act this publication is not a legal document. 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. Pdf competition act member of appellate tribunal to act as its chairperson in certain cases 47.
Published by the national council for law reporting with the authority of. Constitution of kenya, 2010 2 the constitution of kenya, 2010 arrangement of articles preamble chapter onesovereignty of the people and. The malaysia competition commission mycc is an independent body established under the competition commission act 2010 to enforce the competition act 2010. Application part ii the competition and consumer protection commission 4. This constitution is the constitution of the republic of kenya and shall have the force of law throughout kenya. This site is like a library, use search box in the widget to get ebook that you want. An act to provide for free competition in all spheres.
The competition act does not generally regulate prices. Come browse our large digital warehouse of free sample essays. 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. Its main role is to protect the competitive process for the benefit of businesses, consumers and the economy. Legal regulation of the prices of petroleum products 2012. The competition act does not prohibit price gouging. This act may be cited as the as the kenya citizenship and immigration act, 2011. Read this essay on analysis of competition law in kenya. East african community competition kenya law reports. 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. Chapter 486 of the laws of kenya competition act no.
An act of parliament to amend the competition act, 2010 enacted by parliament of kenya, as follows 1. The underlying philosophy of the kenyan competition law has been to protect consumers against price increases. This act may be cited as the competition short title. The law amends the provisions of the existing competition act, 2010. This act may be cited as the east african community competition amendment act, 2010. 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. Restrictive trade practices monopolies and price control act. Legal regulation of the prices of petroleum products 2012 kennedy morara ontiti ll. East african community eac competition regulations, 2010 pdf 350kb prev. Annual reports public procurement regulatory authority kenya. Eac competition regulations, 2010 pdf, 351 kb eac standardization, quality assurance, meteorology and testing act, 2006 pdf, 1. The republic of kenya shall be a multiparty democratic state.
United republic of tanzania, the president of the republic of kenya and the president of the republic of uganda. 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. This compilation is affected by a retrospective amendment, please see competition and consumer legislation amendment act 2011 act no. Kenya industrial property institute and for purposes incidental thereto and connected therewith act no. Charging high prices is not, in and of itself, illegal. 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 constitution of kenya, which is the supreme law of the land. The competition authority of kenya cak is established under the competition act, no. The sectoral council trade, industry, investment and finance recently adopted the eac competition regulations 2009 for the soon to be established eac. Competition authority and the competition tribunal, and for connected purposes. Interpretation 1 in this act, unless the context otherwise requires application means a request in a prescribed form made under this act. The restrictive trade practices, monopolies and price control. Section 38 l of the east african community competition act, 2006 is amended by substituting for the of secuon xvord.
The east african legislative assembly enacted an east african community competition act in 2006. Laws of kenya the constitution of kenya, 2010 published by the national council for law reporting with the authority of the attorneygeneral. The competition amendment act, 2016 was passed into law in december 2016 and effectively commences on the th january, 2017. Prohibition of anticompetitive concerted practices. Commission means the competition commission of singapore established under section 3. To examine the interface between affirmative actions and the competition act 2010 by proposing regulatory reforms for greater market equality for all enterprises. The public seal of kenya shall be such device as may be prescribed by or under an act of parliament. An act to make provision about competition and the abuse of a dominant position in the market. Click download or read online button to get competition act commentary book now.
Chapter three citizenship kenya law reform commission klrc. 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. Government operations are those activities involved in the running of a. 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. Short title this act may be cited as the industrial property act, 2001. The est african community competition act, 2006 arrangement of sections part i preliminary provisions sections 1. Welcome to competition authority of kenya competition.
Klrc has an additional mandate of preparing new legislation to give effect to the constitution. This act may be cited as the competition and consumer protection act, 2010, and shall come into operation on such date as the minister may, by statutory instrument, appoint. 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. Public administration is a vehicle for expressing the values and preferences of citizens, communities and society as a whole. 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. B 410 2010 w hereas the process of competition encourages efficiency, innovation. 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. May 30, 2017 these regulations are the competition and consumer regulations 2010. The case of kenya contribution by competition authority of kenya. Kenya competition amendment bill published bowmans. This compilation is affected by a retrospective amendment, please see statute law revision act 2012 act no. It contains general information intended for the convenient use and guide on how the provisions under part iv of the competition act, act no.
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