See coming into force provision and notes, where applicable. This version of this act contains provisions that are prospective. The restrictive trade practices, monopolies and price control. The authority is mandated under section 42 1 of the competition act, no. This act may be cited as the competition short title. Future competition in the world is ip competition chinese premier, wen jiabao. Download the book the competition act 2002 pdf notes in legislative department websites and in other web portals. The fundamental laws of kenya are similar to those found in most european countries. This is policy aimed at preserving and promoting competition by enforcing competition law against restrictive business practices by firms.
East african community eac competition act 2006 ministry. This act has been updated to government gazette 40057 dated 9 june, 2016. Be it enacted by parliament in the fiftythird year of the republic of india as follows. The competition act is a broad piece of legislation as it seeks to promote and safeguard competition in the economy whilst. Pdf with the coming into force of the competition act 2010 and creation of its two key enforcement institutions, the competition authority. The bill seeks to clarify the abuse of buyer power and empowers the competition authority of kenya to investigate such conduct. Amendments to the kenyan competition act practical law. Pdf dumping and the competition act of south africa. On 23 december 2016, the competition amendment act 2016 received legislative assent, becoming effective on january 2017. There are outstanding changes not yet made by the legislation. 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.
The relevant legislation is the competition act 12 of 2010. 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. Welcome to competition authority of kenya 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. 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. Rather, it was covered piecemeal in various pieces of legislation including the banking act cap 488 of the laws of kenya. Intellectual property and the new competition act in kenya future competition in the world is ip competition chinese premier, wen jiabao. This act may be cited as the privatization act, 2005 and shall. Competition law and policy in economic restructuring an. 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 amendment act introduces extensive changes to the south african competition law landscape. 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.
In exercise of the powers conferred by sections 84r and 84w of the kenya. Comesa secretariat fair trading commission seychelles kenya competition authority competition commission of mauritus competition and consumer. 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. 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. Resident firms pay a corporate tax rate of 30%, whereas nonresident firms pay a rate of 37. The overarching theme of the amendment act is the enhancement of the degree of public interest. Kenya s provision of tax incentives is part of the tax competition among the members of the east african community eac.
An act to amend the competition act 2002 to provide that section 4 of that act shall not apply to collective bargaining and agreements in respect of certain categories of workers. 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. Communications act, the minister for information and communication in. The competition authority of kenya the authority is one of the most vibrant competition agencies in the region. 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. Pdf kenyas new competition policy regime researchgate. Occupational safety and health and for connected purposes enacted by the parliament of kenya as follows part ipreliminary short title. This act may be cited as the occupational safety and health act, 2007. Ministry of industry, trade and cooperatives, kenya. The underlying philosophy of the kenyan competition law has been to protect consumers against price increases. The competition amendment act the amendment act was signed into law by president cyril ramaphosa on february 2019. 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. Monopolies and price control act came into force in.
In this act, unless the context otherwise requires. Kenya railways staff retirement benefit scheme block d, 1st floor, haile selassie avenue. Kenya introduced the restrictive trade practices monopolies and price control act in 1988. Bodies corporate under common control to be regarded as a single person for the purposes of sections 8, 9, and i 0. 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.
Kenya competition amendment bill published bowmans. Published by the national council for law reporting with the authority of. Short title this act may be cited as the kenya revenue authority act, 1995. Kenyas newly gazetted competition law, cited as the competition act. We provide all south africans equal opportunity to participate fairly in the national economy. The commissioner of competition announced on april 1 that the threshold would remain the same as in 2019.
The kenya competition amendment bill, 2019, published on 12 july 2019, contains significant amendments to the buyer power provisions of the competition act, 2010. 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. Prior to the promulgation of the constitution in the year 2010, there was no specific law dealing with consumer protection in kenya. Pricefixing in kenya is prohibited under the competition act no. The competition act 2002 pdf notes finance updates. Under this legislation, the competition commission of india was established to prevent the. Amended by competition amendment act 1 of 2009 from date to be proclaimed. Interpretation in this act, unless the context otherwise requires authority means the kenya revenue authority established by section 3.
Trade practices monopolies and price control act chapter. Paged competition act no12 of 2010 kenya law reports. Kenyas competition law is contained in the restrictive. Competition act 1090 kb act current to 20200421 and last amended on 20191218. 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.
Interconnected bodies any two bodies corporate are to be treated as interconnected if one of them is. Competition act 89 of 1998 south african government. Following the eacs establishment in 1999, kenya, tanzania and uganda created a customs union a dutyfree trade area with a. 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. It replaced the archaic the monopolies and restrictive trade practices act, 1969. Republic of south africa the competition commission. The act provides for the control of restrictive trade practices, collusive tendering, monopolies and concentrations of economic power and for the control of mergers. Intellectual property and the new competition act in kenya. S 18 amended by competition 2nd amendment act 39 of 2000 from 1 feb 2000.
The competition act, 2002 was enacted by the parliament of india and governs indian competition law. Legal forms of the business are governed by the companies act of 2009. Competition amendment act 18 of 2018 english afrikaans. Competition law in kenya is maintained and upheld by the competition authority of kenya, established under the competition act of 2012. An act to promote and maintain competition in the economy of zimbabwe. 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. The statute is supposed to enforce competition policy in kenya.
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