The competition act, 2002 was enacted by the parliament of india and governs indian competition law. Kenya introduced the restrictive trade practices monopolies and price control act in 1988. Republic of south africa the competition commission. 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. Amended by competition amendment act 1 of 2009 from date to be proclaimed. Pricefixing in kenya is prohibited under the competition act no. This is policy aimed at preserving and promoting competition by enforcing competition law against restrictive business practices by firms. S 18 amended by competition 2nd amendment act 39 of 2000 from 1 feb 2000. The competition amendment act the amendment act introduces changes to the competition act 2010 the act that have implications for the competition authority of kenyas cak powers in respect of investigations into restrictive trade practices rtps and abuse of. There are outstanding changes not yet made by the legislation. Rather, it was covered piecemeal in various pieces of legislation including the banking act cap 488 of the laws of kenya. Comesa secretariat fair trading commission seychelles kenya competition authority competition commission of mauritus competition and consumer. Competition law and policy in economic restructuring an. Kenyas competition law is contained in the restrictive.
The competition act 2002 pdf notes finance updates. Short title this act may be cited as the kenya revenue authority act, 1995. The competition authority of kenya the authority is one of the most vibrant competition agencies in the region. It replaced the archaic the monopolies and restrictive trade practices act, 1969.
The act is modeled on the competition regulation applicable in the european union and in this respect attempts to bridge the gap between kenya s various industry regulators by providing the authority with an overarching jurisdiction over various existing bodies charged with consumer protection. The commissioner of competition announced on april 1 that the threshold would remain the same as in 2019. The amendment act introduces extensive changes to the south african competition law landscape. We provide all south africans equal opportunity to participate fairly in the national economy. The fundamental laws of kenya are similar to those found in most european countries. Prior to the promulgation of the constitution in the year 2010, there was no specific law dealing with consumer protection in kenya. This version of this act contains provisions that are prospective. Following the eacs establishment in 1999, kenya, tanzania and uganda created a customs union a dutyfree trade area with a. This is evidenced by a statement issued by the cak on 28 th november, 2018 informing the public of the establishment of a buyer power department bpd within its premises to exclusively handle concerns about businesses abusing their influence. Future competition in the world is ip competition chinese premier, wen jiabao. Competition act 89 of 1998 south african government. On 23 december 2016, the competition amendment act 2016 received legislative assent, becoming effective on january 2017.
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. Bodies corporate under common control to be regarded as a single person for the purposes of sections 8, 9, and i 0. Under this legislation, the competition commission of india was established to prevent the. Competition act arrangement of sections part i preliminary section 1. Occupational safety and health and for connected purposes enacted by the parliament of kenya as follows part ipreliminary short title. Kenya, following a 2002 oecd report and the european union competition regulation model, replaced its former legislation with the 2010 competition act, which came into force in 2011, and established a competition authority and tribunal. This act may be cited as the occupational safety and health act, 2007. The statute is supposed to enforce competition policy in kenya. Ministry of industry, trade and cooperatives, kenya. The restrictive trade practices, monopolies and price control. Legal forms of the business are governed by the companies act of 2009. 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. Interpretation in this act, unless the context otherwise requires authority means the kenya revenue authority established by section 3. The competition authority of kenya cak has in the recent past increased its efforts in ensuring the provisions of the competition act are adhered to.
Trade practices monopolies and price control act chapter. The competition amendment act the amendment act was signed into law by president cyril ramaphosa on february 2019. S, 21, 4950, 5859, 7374, 82 amended by cooperative banks act 40 of 2007 from 1 aug 2008. 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.
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 a modern competition policy regime. Communications act, the minister for information and communication in. The underlying philosophy of the kenyan competition law has been to protect consumers against price increases. 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. The overarching theme of the amendment act is the enhancement of the degree of public interest. Competition amendment act 18 of 2018 english afrikaans. Kenya s provision of tax incentives is part of the tax competition among the members of the east african community eac. Competition law in kenya is maintained and upheld by the competition authority of kenya, established under the competition act of 2012. Published by the national council for law reporting with the authority of. Paged competition act no12 of 2010 kenya law reports. The authority is mandated under section 42 1 of the competition act, no. Monopolies and price control act came into force in.
The kenya competition amendment bill, 2019, published on 12 july 2019, contains significant amendments to the buyer power provisions of the competition act, 2010. Kenyas newly gazetted competition law, cited as the competition act. It is an act to give, 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. Pdf with the coming into force of the competition act 2010 and creation of its two key enforcement institutions, the competition authority. Intellectual property and the new competition act in kenya future competition in the world is ip competition chinese premier, wen jiabao. To provide for the establishment of a competition commission responsible for the investigation, control and evaluation of restrictive practices, abuse of dominant position, and. This act may be cited as the privatization act, 2005 and shall. Interconnected bodies any two bodies corporate are to be treated as interconnected if one of them is. Intellectual property and the new competition act in kenya.
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. 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. Kenya south sudan liaison services administration of power of mercy proclamation of public holidays establishment of public offices annual reporting to parliament on the realization of national values, principles of governance, institutions. This act may be cited as the competition short title. Amendments to the kenyan competition act practical law. See coming into force provision and notes, where applicable. The act provides for the control of restrictive trade practices, collusive tendering, monopolies and concentrations of economic power and for the control of mergers. Competition act 1090 kb act current to 20200421 and last amended on 20191218. The bill seeks to clarify the abuse of buyer power and empowers the competition authority of kenya to investigate such conduct. Since 20, kenya has received the highest number of requests for competition analysis and third party views on mergers and acquisitions from ccc as shown in figure 1. The competition act is a broad piece of legislation as it seeks to promote and safeguard competition in the economy whilst. This act has been updated to government gazette 40057 dated 9 june, 2016. Kenya railways staff retirement benefit scheme block d, 1st floor, haile selassie avenue.
An act to promote and maintain competition in the economy of zimbabwe. East african community eac competition act 2006 ministry. Kenya competition amendment bill published bowmans. In this act, unless the context otherwise requires. Download the book the competition act 2002 pdf notes in legislative department websites and in other web portals. Pdf kenyas new competition policy regime researchgate. Pdf dumping and the competition act of south africa. The relevant legislation is the competition act 12 of 2010. Welcome to competition authority of kenya competition. Resident firms pay a corporate tax rate of 30%, whereas nonresident firms pay a rate of 37. In exercise of the powers conferred by sections 84r and 84w of the kenya.
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