Analysis of Abuse of Buyer Power Under the Kenyan Competition Law Regime

Abstract

Competition policy regime in Africa is developing at a heightened speed as countries establish and strengthen both their legal and institutional framework. This calls for continuous legal education, research and development in competition law and policy for competition lawyers and practitioners in order to achieve the benefits of competition enforcement through merger regulation and prohibition of anti-competitive conduct. Kenya remains active in competition policy reforms in Africa. In 2016, Kenya amended its Competition Act No. 12 of 2010 (Competition Act) and prohibited for the first time in Africa abuse of buyer power. The objective of this paper is to interrogate, analyze and discuss section 24(2A) of the Competition Act. This paper discusses in detail the definition, determination of buyer power and abuse of buyer power as contemplated under the Competition Act.

Keywords: Competition law, Buyer Power, Abuse of Buyer Power