Competition act 1090 kb act current to 20200421 and last amended on 20191218. Stated objective in preamble is to provide for establishment of a commission. East african community eac competition regulations, 2010. 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. 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. Competition authority and the competition tribunal, and for connected purposes. Competition law and policy in economic restructuring an. 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. Ministry of industry, trade and cooperatives, kenya. Improving access to justice in kenya through horizontal application of the bill rights. Kenyas provision of tax incentives is part of the tax competition among the members of the east african community. 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. Intellectual property and the new competition act in kenya.
The kenyan competition regulatory regime was overhauled in 2010 with the enactment of the competition act the act. General arguments for and against horizontal application a strong case has been made for the application of the bill of rights to various private relationships. Laws of malaysia act 712 competition act 2010 arrangement of sections part i preliminary section 1. In this regard, the 2012 act governs the protection of the consumer and aims to prevent unfair trade practices in consumer transactions. The authority is mandated under section 42 1 of the competition act, no. The competition amendment act 2016 kenya association of. Broadly stated, the objective of the project was both historical and. 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 the act applies to all undertakings in pakistan regardless. 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. Improving access to justice in kenya through horizontal. The restrictive trade practices, monopolies and price control. Interpretation in this act, unless the context otherwise. An act to provide for free competition in all spheres.
Pdf with the coming into force of the competition act 2010 and creation of its two key enforcement institutions, the competition authority. Interpretation in these regulations unless the context otherwise requires act means the east african community competition act, 2006. 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. 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. Published by the national council for law reporting with the authority of. 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. Paged competition act no12 of 2010 kenya law reports. United republic of tanzania, the president of the republic of kenya and the president of the republic of uganda.
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. Competition law has not played the role it should in the economic restructuring process in kenya. The est african community competition act, 2006 arrangement of sections part i preliminary provisions sections 1. Regulatory commission on a monthly basis since 2010, despite being glaringly anticompetitive. Short title this act may be cited as the industrial property act, 2001. The competition authority of kenya the authority develops an annual report pursuant to section 83 of the competition act, and provides information of the activities it has undertaken and its overall performance annually. An act of parliament to promote and safeguard competition in the national economy.
In this discussion of how ip intersects with consumer protection law and competition law, the point of departure is the constitution of kenya, 2010. 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. An act of parliament to provide for the establishment of the media council of kenya. Competition commission of pakistan competition act. This act may be cited as the competition short title. Shoora parliament received the assent of the president ori the 6th october, 2010 and is hereby published for general information. 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. An act of parliament to amend the competition act, 2010 enacted by parliament of kenya, as follows 1. Authority means the east african community competition authority. Its main role is to protect the competitive process for the benefit of businesses, consumers and the economy. Interpretation 1 in this act unless, the context otherwise requires. An act relating to competition, fair trading and consumer protection, and for other purposes. Devolution in kenyas new constitution in 2010, on the cusp of kenyas new constitutional dispensation, the society for international development sid embarked on a project called thinking, talking and informing kenyas democratic change framework.
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 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. Interpretation in this act, unless the context otherwise requires authority means the kenya revenue authority established by section 3. The malaysia competition commission mycc is an independent body established under the competition commission act 2010 to enforce the competition act 2010. The underlying philosophy of the kenyan competition law has been to protect consumers against price increases. 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. Prohibition of anticompetitive concerted practices. East african community competition kenya law reports.
Kenya industrial property institute and for purposes incidental thereto and connected therewith act no. On march 12, 2009, major amendments to password bodo schafer pdf canadas competition act1 act received. 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. Kenya railways staff retirement benefit scheme block d, 1st floor, haile selassie avenue. Welcome to competition authority of kenya competition. Short title this act may be cited as the kenya information and communications act, 1998. 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. The law amends the provisions of the existing competition act, 2010. 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 competition act, 2010, in this act referred to amendment of the principal.
The competition act, 2010, in this act referred to amendment of the principal act, is amended in section 2 by section 2 of no. Intellectual property and the new competition act in kenya future competition in the world is ip competition chinese premier, wen jiabao. Monopolies and price control act came into force in. Short title this act may be cited as the kenya revenue authority act, 1995. The purpose of the competition act is to, promote and safeguard competition in the national economy, protect consumers from unfair and misleading market conduct and, establish the competition authority and the competition tribunal. 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. Application part ii anticompetitive practices chapter 1 anticompetitive agreement 4. Prior to the promulgation of the constitution in the year 2010, there was no specific law dealing with consumer protection in kenya. 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. B 410 2010 w hereas the process of competition encourages efficiency, innovation. Objectives the broad objectives of the competition act, as laid down in its preamble are.
1549 1327 599 1044 678 1024 419 1485 1428 1086 1492 1045 1546 990 1508 1234 682 1324 1373 1384 1571 986 783 932 461 1375 354 513 898 499 1185 989 606 1259 1146 1216 1320 1190 1176 1161 1418 672