Volume 38 (2015) / Issue 3
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. This article provides a critical review of the new Act, describing its main elements and highlighting key features that distinguish it from other modern competition laws. While some of these distinctive features follow logically from particularities in the Kenyan historical and economic context, others may invite some discussion – and possibly amendments – in the coming years. Taken together, there is reason for considerable optimism with respect to the future for a modern, effective competition policy in Kenya.
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