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. Monopolies and price control act came into force in. Come browse our large digital warehouse of free sample essays. This act may be cited as the competition amendment act, 2019. 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. On march 12, 2009, major amendments to password bodo schafer pdf canadas competition act1 act received. 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. The competition act 2010 created the competition authority of kenya cak. This act may be cited as the basic education act, 20. Eac competition regulations, 2010 pdf, 351 kb eac standardization, quality assurance, meteorology and testing act, 2006 pdf, 1. Objectives the broad objectives of the competition act, as laid down in its preamble are. Short title this act may be cited as the as the kenya citizenship and immigration act, 2011.
The competition authority of kenya cak was established by the competition act, 2010 the act to promote and safeguard competition in the national economy. Look at the weaknesses strengths of the competition law enforcement authorities and make suggestions. This act may be cited as the occupational safety and health act, 2007. Welcome to competition authority of kenya competition. Interpretation in this act, unless the context otherwise requires accreditation means the procedure by which the accreditation agency formally recognizes the status of an institution offering basic education and confirms in writing by way of a documentation issued under this act. This constitution is the constitution of the republic of kenya and shall have the force of law throughout kenya and, subject to. This act may be cited as the as the kenya citizenship and immigration act, 2011. Laws of kenya limitation of actions act chapter 22 revised edition 2012 2010. Laws of kenya limitation of actions act chapter 22 revised edition 2012 2010 published by the national council for law reporting with the authority of the attorneygeneral. Short title this act may be cited as the industrial property act, 2001.
The republic of kenya shall be a multiparty democratic state. Kenyas competition tribunal was fully constituted and became operational in may 2019 after four members were appointed to the panel. Due to the challenge of double notification by parties, the competition act no. Laws of kenya the constitution of kenya, 2010 published by the national council for law reporting with the authority of the attorneygeneral. An act of parliament to promote and safeguard competition in the national economy. 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. Broadly stated, the objective of the project was both historical and. 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. This act may be cited as the competition short title. Competition commission of pakistan competition act.
Board means the kenya citizens and foreign nationals management service board established under. The competition authority of kenya the authority is a statutory agency. Introduction of abuse of buyer power provisions muddies the water. Stated objective in preamble is to provide for establishment of a commission. The relevant legislation is the competition act 12 of 2010. Klrc has an additional mandate of preparing new legislation to give effect to the constitution. The competition amendment act 2016 kenya association of. The authority also has search and seizure powers under the act, the enforcement of. An act to provide for free competition in all spheres.
The est african community competition act, 2006 arrangement of sections part i preliminary provisions sections 1. Get the knowledge you need in order to pass your classes and more. Constitution of kenya, 2010 2 the constitution of kenya, 2010 arrangement of articles preamble chapter onesovereignty of the people and supremacy of this constitution 1sovereignty. Kenya revenue authority, is an agency of the government of kenya that is responsible for the assessment, collection and accounting for all revenues that are due to government, in accordance with the laws of kenya. Cooperative societies act amended, 2004 pdf 198kb download. Pdf with the coming into force of the competition act 2010 and creation of its two key enforcement institutions, the competition authority. Chapter three citizenship kenya law reform commission klrc. This document comprises proceedings in the original languages of a roundtable on collusion and corruption in public procurement, held by the global forum on competition in february 2010. Kenya railways staff retirement benefit scheme block d, 1st floor, haile selassie avenue. Paged competition act no12 of 2010 kenya law reports. Kenya industrial property institute and for purposes incidental thereto and connected therewith act no. Exemptions and exceptions 2 arrangements such as specialization and rationalization agreements, and the development of product standards. In november last year, the editors of africanantitrust indicated that a number of amendments to the kenya competition act of 2010 were being proposed by way of the competition amendment bill amendment bill in the article competition amendment bill to bring about radical. 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.
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. 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. The public seal of kenya shall be such device as may be prescribed by or under an act of parliament. An act of parliament to give effect to article 53 of the constitution and.
Pdf kenyas new competition policy regime researchgate. 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 underlying philosophy of the kenyan competition law has been to protect consumers against price increases. Interpretation in this act, unless the context otherwise requires authority means the kenya revenue authority established by section 3. The restrictive trade practices tribunal, to be set up in mid2010, will be named a. 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. Annual reports public procurement regulatory authority kenya. All mergers and acquisitions require the caks authorization before they are finalized, and the cak regulates abuse of dominant position and other competition and. The competition act is a broad piece of legislation as it seeks to promote and safeguard competition in the economy whilst. Under the act, the authority is empowered to regulate cartel conduct, including any agreements or concerted practices which have the object or effect of preventing, distorting or lessening competition in any goods or services in kenya. Prior to the promulgation of the constitution in the year 2010, there was no specific law dealing with consumer protection in kenya. Introduction of abuse of buyer power provisions muddies the water by michaeljames currie and ruth mosoti in november last year, the editors of africanantitrust indicated that a number of amendments to the kenya competition act of 2010 were being proposed by way of the competition amendment bill amendment bill in the article competition amendment bill. Prohibition of anticompetitive concerted practices.
Laws of kenya the media act chapter 411b revised edition 2009 2007 published by the national council for law reporting with the authority of the attorney general. 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. In this act, unless the context otherwise requires. The competition amendment act, 2016 was passed into law in december 2016 and effectively commences on the th january, 2017. Chapter three citizenship kenya law reform commission. The competition act, 2010, in this act referred to amendment of the principal. The law amends the provisions of the existing competition act, 2010. 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. Read this essay on analysis of competition law in kenya. Authority means the east african community competition authority. Critically examine and analyze the provisions relating to competition law enforcement authorities under the completion act 2010.
Policies ministry of industry, trade and cooperatives. It is published under the responsibility of the secretary general of the oecd to bring information on this topic to the attention of a wider audience. Interpretation 1 in this act, unless the context otherwise requires. Schedule to the competition act 1998 competition and market authoritys rules. Shoora parliament received the assent of the president ori the 6th october, 2010 and is hereby published for general information. An act of parliament to amend the competition act, 2010 enacted by parliament of kenya, as follows 1. The authority is mandated under section 42 1 of the competition act, no. Interpretation in these regulations unless the context otherwise requires act means the east african community competition act, 2006. Regulatory commission on a monthly basis since 2010, despite being glaringly anticompetitive. Interpretation in this act, unless the context otherwise.
Improving access to justice in kenya through horizontal application of the bill rights. 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. Short title this act may be cited as the kenya revenue authority act, 1995. Competition authority and the competition tribunal, and for connected purposes. Environmental management and coordination act, 1999 pdf 781kb download. All mergers and acquisitions require the caks authorization before they are finalized, and the cak regulates abuse of dominant position and other competition and consumerwelfare related issues in kenya. 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. This constitution is the constitution of the republic of kenya and shall have the. Competition regulations, 2010 and shall come into force on such date as the council may, by notice in the gazette, appoint. Monday may 19, 2014 alethnien rajab 20, 1435 somavara vaisakha 29, 1936, at 09. Improving access to justice in kenya through horizontal. The act provides for the control of restrictive trade practices, collusive tendering, monopolies and concentrations of economic power and for the control of mergers. 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.
Occupational safety and health and for connected purposes enacted by the parliament of kenya as follows part ipreliminary short title. Section 18 of the competition act, 2010, hereinafter referred to as the principal act, is amended in subsection 4 by inserting the words,abuse of buyer power immediately after the word competition. An act of parliament to provide for the establishment of the media council of kenya. Published by the national council for law reporting with the authority of. 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. The competition act, 2010, in this act referred to amendment of the principal act, is amended in section 2 by section 2 of no. The newly enacted 2002, and partially implemented competition act of india marks a shift in the indian. Business and management submitted by purity words 2032. 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. East african community eac competition act 2006 pdf 200kb download.
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