Pdf on aug 1, 2015, cassey lee and others published the objectives of competition law find, read and cite all the research you need on researchgate. Eacj as provided for in sections 44 and 46 of the eac competition act, 2006, and which came into effect on 1st. 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. Part ii establishment powers and functions of the competition authority 7 establishment of the authority. 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. 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 relevant legislation is the competition act 12 of 2010. The authority is also undertaking market studies in selected sectors to inform of the prevalent malpractices. The competition authority of kenya uthe authority is established under section 7 of the competition act and is charged with, inter alia, promoting and enforcing compliance with the competition act. The case of kenya contribution by competition authority of kenya.
As at the date of publication hereof, the burundian commission has not been established. Irish merger control under the competition and consumer protection act 2014. Like other companies, commercial banks14 in kenya also merge for the foregoing reasons. 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. An act of parliament to promote and safeguard competition in the national economy. In kenya, the competition act of 2010 extends and considers primary the jurisdiction of the competition authority of kenya cak to practices outside kenya that affect competition in kenya. Evaluating the legal framework governing mergers and.
This is clearly incompatible with article 32 of the regulations which suggests that the ccc has primary jurisdiction over mergers with a regional dimension. 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. The swedish competition act 9 article 2 if the swedish competition authority decides in a particular case not to impose such an obligation pursuant to article 1, the market court may do so at the request of an undertaking that is affected by the infringement. Ca government of kenya, the competition act cak competition authority of kenya. East africa competition watchdog begins operations, market. It contains general information intended for the convenient use and guide on how the provisions under part iv of the competition act, act no. An act to amend the east african community competition act, 2006. Such a right to legal action, however, does not exist if the decision of the. This act may be cited as the east african community competition amendment act, 2010. The competition authority of kenya the authority is a statutory agency. Salient points of the draft kenya competition rules and guidelines. Read this essay on analysis of competition law in kenya.
The eac competition act of 2006, is an act of the community to promote and. 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 authorities. The authority is mandated under section 42 1 of the competition act, no.
Shoora parliament received the assent of the president ori the 6th october, 2010 and is hereby published for general information. The competition act, 2010 the competition act is the primary legislation governing competition and antitrust matters in kenya. 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. The underlying philosophy of the kenyan competition law has been to protect consumers against price increases. Pdf with the coming into force of the competition act 2010 and creation. 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. East african competition authority is undertaking sector studies to inform the competitiveness of the regional economy. The competition act is a broad piece of legislation as it seeks to promote and safeguard competition in the economy whilst. Under the competition act, all mergers transactions involving the acquisition or establishment of direct or indirect control of the business of an undertak. Zimbabwes competition law, enshrined in the competition act, 1996 no. Does kenyas revised competition act contradict comesa.
Kenya richard harney and haanee khan coulson harney 159. Competition act 2010 and the establishment of key new institutions for its implementation. 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. Competition authority of kenya consolidated guidelines on the substantive assessment of mergers under the competition act this publication is not a legal document. This act may be cited as the privatization act, 2005 and shall. Published by the national council for law reporting with the authority of. Competition act 2010 the term competition is not new to the financial industry in malaysia. The relevant legislation is the competition law no. Competition act, 2010 the act read with sections 11 and 31 thereof, the competition commission of pakistan the commission, is pleased to make the following regulations, namely. In adopting competition policy and law, zimbabwe became the fifth country in southern and eastern africa after south africa, kenya. 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. Comesa competition lawa new regional merger regime for.
Rather, it was covered piecemeal in various pieces of legislation including the banking act cap 488 of the laws of kenya. Public sector accounting standards central bank of kenya, cbk act competition authority of kenya, competition act, 2010 kenya revenue authority,kra act, 1995 insurance regulation authority, insurance, amendment act, 2006. Kenya industrial property institute and for purposes incidental thereto and connected therewith act no. Competition commission of pakistan competition act. B 410 2010 w hereas the process of competition encourages efficiency, innovation. Pdf kenyas new competition policy regime researchgate. Paged competition act no12 of 2010 kenya law reports. Unctad seeks to further the understanding of the nature of competition law. Come browse our large digital warehouse of free sample essays. Integration in the banking sectors took place after the economic crisis in 1997 where some of the weak and ailing financial institutions were dissolved or merged with the stronger ones. On 26 february 2018, the competition authority of kenya authority. Intellectual property and the new competition act in kenya future competition in the world is ip competition chinese premier, wen jiabao. Competition act, 2010, the competition authority of kenya excludes the proposed acquisition of 74% of the issued share capital of law africa publishing ltd by longhorn publishers limited from part iv of the act due to the following reasons a the merger will not affect competition negatively.
Competition policy management national pensions policy management institutions. Pricefixing in kenya is prohibited under the competition act no. Intellectual property and the new competition act in kenya. Short title this act may be cited as the industrial property act, 2001. Competition authority and the competition tribunal, and for connected purposes. International cooperation of competition authorities in. Competition law and policy in economic restructuring an. An act to provide for free competition in all spheres.
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. This research project will be carried out within the research partnership platform rpp created by unctad in 2010 in consideration of the important role of research and policy analysis in the development of appropriate policies and legislation on competition. Pamella ager and tesrah wamache join the conversation with a piece on the latest legislation aimed at regulating cyberspace, the computer misuse and cybercrimes act. 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. Competition authority of kenya consolidated guidelines on.
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