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UNDERSTANDING KENYA COMPETITION LAW

UNDERSTANDING KENYA COMPETITION LAW. 6/6/2014. Legislative History. First formal legislation-Price Control Ordinance 1956 renamed the Price Control Act 1956. Served as a model for the current Competition Law Sessional Paper no. 1 of 1986 articulated the need for a market driven economy. .

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UNDERSTANDING KENYA COMPETITION LAW

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  1. UNDERSTANDING KENYA COMPETITION LAW 6/6/2014 Understanding Kenya Competition Law; Kanyi

  2. Legislative History • First formal legislation-Price Control Ordinance 1956 renamed the Price Control Act 1956. • Served as a model for the current Competition Law • Sessional Paper no. 1 of 1986 articulated the need for a market driven economy. 6/6/2014 Understanding Kenya Competition Law; Kanyi

  3. This mooted the legislation to curb RTP’s and abuse of dominance. • The 1987 draft bill was deliberated on and passed by Parliament in December 1988. • The new Act, Restrictive Trade Practices, Monopolies and price Control Act, Cap.504 of the Laws of Kenya came into force in February 1989. 6/6/2014 Understanding Kenya Competition Law; Kanyi

  4. Objectives • Curb the behavior of private enterprises that may inhibit the proliferation of competitive market structures. • Efficient allocation of resources. • Protection of the consumers in the absence of price controls( prices had been decontrolled extensively) • The aim is to protect the process of competition. 6/6/2014 Understanding Kenya Competition Law; Kanyi

  5. Main Parts of Cap.504 • Part I- Preliminary (sections 1-3) • Part II- Provisions Relating to Restrictive Trade Practices (sections 4-21) • Part III- Control of Monopolies and Concentration of Economic Power (sections 22-32) • Part IV- Provisions Relating to the Control and Display of Prices (sections 33-63) 6/6/2014 Understanding Kenya Competition Law; Kanyi

  6. Part V- Establishment of the Restrictive Trade Practices Tribunal (sections 64-69) • Part VI- Miscellaneous Provisions (sections 70-75) • Scope of the Law • Includes a broad range of entities that are definable under the Act. 6/6/2014 Understanding Kenya Competition Law; Kanyi

  7. Means of Enforcement; • Commissioner/MPC, • Minister for Finance, • RTP Tribunal, and • High Court of Kenya • Approach to restraints to trade. • Approach to market dominance. • Approach to mergers & acquisitions. • Checks, balances and sanctions. • Functional autonomy & financial independence 6/6/2014 Understanding Kenya Competition Law; Kanyi

  8. MPC’s Structure Understanding Kenya Competition Law; Kanyi

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