The republic of kenya shall be a multiparty democratic state. The public seal of kenya shall be such device as may be prescribed by or under an act of parliament. The newly enacted 2002, and partially implemented competition act of india marks a shift in the indian. The authority prepares and disseminates annual reports detailing its activities and plans during the year as mandated by section 83 of the competition act no. 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. The principal act is amended by inserting the insertion of a new section 70a in no. Competition act 2010 and the establishment of key new institutions for its implementation.
An act to provide for free competition in all spheres. This act may be cited as the east african community competition amendment act, 2010. 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. 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. Cabinet secretary means the cabinet secretary for the time being responsible for matters relating to finance. The publishers accept no responsibility for any acts or omissions contained herein. The competition amendment act 2016 kenya association of. Jan 08, 2019 the kenya information and communications act enacted in 1998, amended in 2010 and 20 provides the mandate of the communications authority of kenya and a framework to regulate the information. Rather, it was covered piecemeal in various pieces of legislation including the banking act cap 488 of the laws of kenya. Paged competition act no12 of 2010 kenya law reports. Prohibition of anticompetitive concerted practices. The restrictive trade practices, monopolies and price control. Eac competition regulations, 2010 pdf, 351 kb eac standardization, quality assurance, meteorology and testing act, 2006 pdf, 1.
Part ii establishment powers and functions of the competition authority 7 establishment of the authority. This act may be cited as the privatization act, 2005 and shall. The underlying philosophy of the kenyan competition law has been to protect consumers against price increases. 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. Kenya competition amendment bill published bowmans. The kenya competition amendment bill, 2019, published on 12 july 2019, contains significant amendments to the buyer power provisions of the competition act, 2010. 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. East african competition authority is undertaking sector studies to inform the competitiveness of the regional economy. 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. Comesa is a regional competition authority having jurisdiction over competition law matters within its nineteen member states, of which kenya is one. 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 kenya information and communications act enacted in 1998, amended in 2010 and 20 provides the mandate of the communications authority of kenya and a framework to regulate the information. Welcome to competition authority of kenya competition. Pdf kenyas new competition policy regime researchgate. Published by the national council for law reporting with the authority of. Kenyas provision of tax incentives is part of the tax competition among the members of the east african community eac. The competition amendment act, 2016 was passed into law in december 2016 and effectively commences on the th january, 2017. Kenya and tanzania are the only two countries that have national competition laws together with respective institutions. Competition authority of kenya consolidated guidelines on the substantive assessment of mergers under the competition act this publication is not a legal document. The competition act 2010 created the competition authority of kenya cak. Competition act 89 of 1998 south african government. Competition authority and the competition tribunal, and for connected purposes. Amended by competition amendment act 18 of 2018 amended by competition amendment act 18 of 2018 from date to be proclaimed amended by financial markets act 19 of 2012 from 3 jun 20. Pdf with the coming into force of the competition act 2010 and creation of its two key enforcement institutions, the competition authority. 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.
Ministry of industry, trade and cooperatives, kenya. The bill seeks to clarify the abuse of buyer power and empowers the competition authority of kenya to investigate such conduct. It contains general information intended for the convenient use and guide on how the provisions under part iv of the competition act, act no. Mar 28, 2018 the eastafrican has learnt that the authority which is based in arusha has begun its work, although the public are yet to be notified when they can start engaging with it as provided for in the eac competition act, 2006 and the eac competition regulations, 2010. It is implemented by the malaysia competition commission mycc, which was established under the competition commission act 2010. It is worth mention that kenya is also a member state of the east african community the eac. Artcaffe pays fine for misleading customers business daily. Welcome to competition authority competition authority. The competition act 2010 ca 2010 was enacted by the parliament of malaysia in may 2010 and came into e. Intellectual property and the new competition act in kenya.
Standard tender documents public procurement regulatory. 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. Competition law and policy in economic restructuring an. East african community competition kenya law reports. The competition authority is the primary enforcement agency for competition law and policy. This report is deemed sufficient to impart an accurate understanding of the nature and scope of its activities, plans and priorities. This act may be cited as the competition short title. Act 712 competition act 2010 arrangement of sections part i preliminary section 1. Section 18 of the competition act, 2010, hereinafter referred to as the principal act, is amended in subsection.
It was established under the competition act of 2009 to monitor, control and prohibit anticompetitive trade or business practices in the economy of botswana. Interpretation in these regulations unless the context otherwise requires act means the east african community competition act, 2006. 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. Kenyas competition tribunal was fully constituted and became operational in may 2019 after four members were appointed to the panel. Competition act of 2010 intellectual property law consumer protection act 2012 the primary hurdle involves formalizing remittance procedures for fees and royalties to the franchisor or licensor. Authority means the east african community competition authority. 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. The competition act is a broad piece of legislation as it seeks to promote and safeguard competition in the economy whilst. Following the eacs establishment in 1999, kenya, tanzania and uganda created a customs union a dutyfree trade area with a. Application part ii anticompetitive practices chapter 1 anticompetitive agreement 4. Authority means the competition authority of kenya established by section 7 of the act.
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. 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. 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. Schedule to the competition act 1998 competition and market authoritys rules. The kenyan competition regulatory regime was overhauled in 2010 with the enactment of. Thats because it creates clarity and a level playing field, helping to align trading nations around decent standards. The est african community competition act, 2006 arrangement of sections part i preliminary provisions sections 1. The competition act, 2002 was amended by the competition amendment act, 2007 and again by the competition amendment act, 2009. This new law and its associated enforcement authorities will surely change the landscape for competition in kenya and advance the nations progress toward a modern middleincome economy. Enacted by the parliament of kenya as follows part i preliminary short title and commencement. B 410 2010 w hereas the process of competition encourages efficiency, innovation. 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. Competition law has not played the role it should in the economic restructuring process in 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 markets, to protect the interests of consumers and to ensure freedom of trade carried on by other participants in markets, in india, and. East african community eac competition regulations, 2010. Laws of kenya the constitution of kenya, 2010 published by the national council for law reporting with the authority of the attorneygeneral. The competition authority is a parastatal which falls under the ministry of trade and industry. Competition authority of kenya consolidated guidelines on. These guidelines should be read together with the consolidated guidelines on the substantive assessment of. Aemo has the same meaning as in the renewable energy electricity act 2000. May 30, 2017 these regulations are the competition and consumer regulations 2010. The competition amendment act 2016 the competition amendment act, 2016 was passed into law in december 2016 and effectively commences on the th january, 2017. The authority is also undertaking market studies in selected sectors to inform of the prevalent malpractices.
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. Competition commission of pakistan competition act. Competition regulations, 2010 and shall come into force on such date as the council may, by notice in the gazette, appoint. 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.
An act of parliament to amend the competition act, 2010 enacted by parliament of kenya, as follows 1. 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. 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. 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. An act to amend the east african community competition act, 2006. The case of kenya contribution by competition authority of kenya. East africa competition watchdog begins operations, market. Authority of kenya cak and the competition tribunal.
Issue 1 20 9 a person who contravenes the provisions of this section commits an offence and shall be liable on conviction to imprisonment for a term not exceeding five years or to a fine not exceeding ten million shillings, or both. Outreach activities to educate the public at large about the benefits of competition, for example, consumer awareness seminars, outreach newsletters etc to cooperate with other national, regional and international competition. Cak did not provide more details about the nature of the offence only indicating that investigations commenced pursuant to section 55 of the competition act 2010. Shoora parliament received the assent of the president ori the 6th october, 2010 and is hereby published for general information. The authority is mandated under section 42 1 of the competition act, no.
Schedule to the competition act 1998 competition and. These rules may be cited as the competition general rules, 2018. This constitution is the constitution of the republic of kenya and shall have the force of law throughout kenya and, subject to. Monopolies and price control act came into force in.
This act may be cited as the competition act, 2007 and shall come into force on a date to be appointed by the minister by notice in the gazette. This act may be cited as the competition amendment act, 2019. 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. This act may be cited as the consumer protection act, 2012 and shall come into operation on such date as the minister may, by notice in the gazette, appoint which date shall not exceed ninety days from the date of publication. Intellectual property and the new competition act in kenya future competition in the world is ip competition chinese premier, wen jiabao.
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