Treatment of Buyer Power in Competition Law: Case of Supermarket Retail Sector in Kenya

The Law Society of Kenya Journal, Vol. 13, No. 1, 2017

21 Pages Posted: 15 Apr 2017

See all articles by Victor Nzomo

Victor Nzomo

University of Cape Town (UCT), Faculty of Law

Date Written: January 31, 2017

Abstract

This paper begins by examining the various approaches to defining buyer power in competition law literature, followed by an overview of Kenya's attempts to control buyer power through merger control and restrictive trade practices in the supermarket retail sector. Thereafter this paper focuses on the new provisions on buyer power introduced in the Competition (Amendment) Act, 2016 which came into effect on 13 January 2017. This paper argues that the proper enforcement of this new law may address some of the anti-competitive effects arising from the exploitative exercise of buyer power.

Keywords: buyer power, monopsony power, bargaining power, abuse of superior bargaining position, competition, consumer welfare, waterbed effect, Africa, retail sector, supermarkets, dominance, Kenya, South Africa, Australia, United Kingdom, United States, Competition Amendment Act, 2016, OECD, UNCTAD, ICN, EU

Suggested Citation

Nzomo, Victor, Treatment of Buyer Power in Competition Law: Case of Supermarket Retail Sector in Kenya (January 31, 2017). The Law Society of Kenya Journal, Vol. 13, No. 1, 2017. Available at SSRN: https://ssrn.com/abstract=2952322

Victor Nzomo (Contact Author)

University of Cape Town (UCT), Faculty of Law ( email )

Rondebosch 7701
South Africa

Register to save articles to
your library

Register

Paper statistics

Downloads
180
rank
157,598
Abstract Views
503
PlumX Metrics