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Kenya Competition Act (Cap. 504)

Kenya
vAct No. 12 of 2010 (Cap. 504), Kenya Law revised edition as at 31 December 2022 (amendments to Act No. 27 of 2019 incorporated)
5 domains
25 controls

Kenya's competition and consumer welfare statute: the restrictive trade practice prohibitions including price fixing, market division, collusive tendering and resale price maintenance, trade association practices, abuse of dominance and of buyer power with mandatory supplier contract terms, exemptions, cooperation with investigations and inspections, settlement and leniency, merger notification, standstill and conditions, unwarranted concentrations, the consumer welfare offences on false representations, unconscionable conduct, fee disclosure, product safety and information standards and recalls, manufacturers' liability, confidentiality and the obstruction offences.

Verified

Kenya Competition Act (Cap. 504) is a compliance framework from Kenya with 5 domains and 25 controls. The largest domains are Part III Sections A to C: restrictive trade practices, abuse of dominance and abuse of buyer power – Kenya Competition Act (Cap. 504) (7 controls), Part VI: consumer welfare – Kenya Competition Act (Cap. 504) (7 controls), Part III Sections D and E: exemptions, investigations, settlement and leniency – Kenya Competition Act (Cap. 504) (5 controls). Every control below carries what it requires and what an assessor expects to see.

Maintained by Gerard Blokdyk

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Framework Domains (5)

Part III Sections A to C: restrictive trade practices, abuse of dominance and abuse of buyer power – Kenya Competition Act (Cap. 504)

7 controls
Controls in the Part III Sections A to C: restrictive trade practices, abuse of dominance and abuse of buyer power – Kenya Competition Act (Cap. 504) domain of Kenya Competition Act (Cap. 504): 7 controls
CodeTitle
kenya-competition-act-cap-504::21No agreements, decisions or concerted practices whose object or effect restricts competition in Kenya
kenya-competition-act-cap-504::21-3No price fixing, market division, collusive tendering or minimum resale price maintenance
kenya-competition-act-cap-504::21-4Recommended resale prices: expressly non-binding and labelled 'recommended price'
kenya-competition-act-cap-504::22Trade associations: no unjustifiable exclusion and no price or terms recommendations
kenya-competition-act-cap-504::23-24Dominant undertakings: no unfair prices or terms, output or access restriction, discrimination, tying or IP abuse
kenya-competition-act-cap-504::24ANo abuse of buyer power over suppliers
kenya-competition-act-cap-504::24A-7Buyer-supplier agreements must state payment terms, dates, late-payment interest, termination and dispute mechanisms

Part III Sections D and E: exemptions, investigations, settlement and leniency – Kenya Competition Act (Cap. 504)

5 controls
Controls in the Part III Sections D and E: exemptions, investigations, settlement and leniency – Kenya Competition Act (Cap. 504) domain of Kenya Competition Act (Cap. 504): 5 controls
CodeTitle
kenya-competition-act-cap-504::25-28Exemptions: apply in the prescribed form, give the information required and honour the terms granted
kenya-competition-act-cap-504::29Professional associations: apply for exemption of restrictive professional rules
kenya-competition-act-cap-504::31Investigation notices: furnish information, produce documents, appear and supply copies of records
kenya-competition-act-cap-504::32Entry and inspection: admit authorised persons, give access to records and computer systems
kenya-competition-act-cap-504::36-38Settlement, interim orders and the leniency programme

Part VI: consumer welfare – Kenya Competition Act (Cap. 504)

7 controls
Controls in the Part VI: consumer welfare – Kenya Competition Act (Cap. 504) domain of Kenya Competition Act (Cap. 504): 7 controls
CodeTitle
kenya-competition-act-cap-504::55No false or misleading representations in trade
kenya-competition-act-cap-504::56No unconscionable conduct towards consumers; all fees and charges disclosed before they are imposed
kenya-competition-act-cap-504::57No unconscionable conduct in business-to-business transactions
kenya-competition-act-cap-504::59No supply of consumer goods that breach a prescribed safety standard, are declared unsafe or are banned
kenya-competition-act-cap-504::60Consumer product information standards complied with for goods sold in Kenya
kenya-competition-act-cap-504::61Recall, disclosure, repair, replacement or refund when the Authority gives notice
kenya-competition-act-cap-504::63-66Manufacturers' liability for unsuitable and defective goods

Parts IV and V: mergers and unwarranted concentrations of economic power – Kenya Competition Act (Cap. 504)

4 controls
Controls in the Parts IV and V: mergers and unwarranted concentrations of economic power – Kenya Competition Act (Cap. 504) domain of Kenya Competition Act (Cap. 504): 4 controls
CodeTitle
kenya-competition-act-cap-504::42No implementation of a notifiable merger before approval, and only on the approved conditions
kenya-competition-act-cap-504::43Each merging undertaking notifies the Authority and answers information requests
kenya-competition-act-cap-504::47Accurate merger information and compliance with approval conditions
kenya-competition-act-cap-504::50-52Unwarranted concentrations of economic power: grant access to records and comply with disposal orders

Parts VII to X: Tribunal, offences and general provisions – Kenya Competition Act (Cap. 504)

2 controls
Controls in the Parts VII to X: Tribunal, offences and general provisions – Kenya Competition Act (Cap. 504) domain of Kenya Competition Act (Cap. 504): 2 controls
CodeTitle
kenya-competition-act-cap-504::84Confidentiality of information obtained at Authority meetings and investigations
kenya-competition-act-cap-504::87-90No obstruction, false information, improper influence or breach of Authority orders

What is Kenya Competition Act (Cap. 504) and who does it apply to?

Kenya Competition Act (Cap. 504) is a compliance framework from Kenya with 5 domains and 25 controls. Kenya's competition and consumer welfare statute: the restrictive trade practice prohibitions including price fixing, market division, collusive tendering and resale price maintenance, trade association practices, abuse of dominance and of buyer power with mandatory supplier contract terms, exemptions, cooperation with investigations and inspections, settlement and leniency, merger notification, standstill and conditions, unwarranted concentrations, the consumer welfare offences on false representations, unconscionable conduct, fee disclosure, product safety and information standards and recalls, manufacturers' liability, confidentiality and the obstruction offences. It is used by organisations to establish and maintain compliance with industry standards and regulatory requirements.

What does Kenya Competition Act (Cap. 504) actually require?

Kenya Competition Act (Cap. 504) has 25 controls organised across 5 domains. The largest domains are Part III Sections A to C: restrictive trade practices, abuse of dominance and abuse of buyer power – Kenya Competition Act (Cap. 504) (7 controls), Part VI: consumer welfare – Kenya Competition Act (Cap. 504) (7 controls), Part III Sections D and E: exemptions, investigations, settlement and leniency – Kenya Competition Act (Cap. 504) (5 controls). Each control defines specific requirements that organisations must implement to achieve compliance.

If I already comply with another framework, how much of Kenya Competition Act (Cap. 504) do I already cover?

Kenya Competition Act (Cap. 504) does not currently have cross-framework mappings in our system. Check back as we continuously expand our mapping database.

How do I implement Kenya Competition Act (Cap. 504)?

Start your Kenya Competition Act (Cap. 504) compliance journey by running a self-assessment on our platform to identify your current compliance posture. Our AI advisory can answer specific questions about Kenya Competition Act (Cap. 504) requirements, and cross-framework mapping helps you leverage existing controls from other frameworks you may already comply with. Create a free account to access all 25 controls and track your progress.

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