Competition Authority of Kenya

Dr. Priscilla Njako LL.D: A discussion I was part of some weeks ago got me thinking. The conversation centered on the appropriateness, or otherwise, of legislation existing in the absence of a documented public policy. The debate closed with an explanation from an expert that, in fact, policy and law are distinct. Legislation and regulations are not policy but, rather, tools that crystallize public policy into enforceable edicts. As such, policy formulation should precede crafting of attendant instruments, law included. It is no news that our statute book contains Acts of Parliament that have preceded the development of attendant public policy or actually exist in the absence of such a policy. The Competition Act Cap 504 is a prime example. Exigencies of prevailing circumstances and reforms agenda may necessitate drafting and subsequent passing of a legal instrument to address an emergent situation. The process of policymaking, being complex and iterative, may not be the most responsive option in such moments. The Competition Act has served the country well since coming into effect in 2011. The past thirteen years have seen the successful mainstreaming of modern competition law as an effective tool of market regulation. This reality invites the question: can we now work backwards from the Competition Act, towards a national policy on competition? The answer, to use Kenyan parlance, is: ‘burrofcos’! In fact, from where I sit, there is a clear benefit of legislation having preceded policy. https://lnkd.in/ePV-tSt2

The Authority's interventions in the retail sector, including facilitating payment of over Ksh.2.7 Billion owed to suppliers by supermarkets, was featured in a special feature on NTV on 4th September, 2024 by Nina Shaban Abuse of Buyer Power can cripple suppliers of goods/services to supermarkets, given that a majority of these businesses are MSMEs. The Competition Act provides a non-exhaustive list of practices through which ABP manifests in the marketplace. They include; 🔆Significant reduction of supply prices 🔆Threats of termination or unilateral termination of contracts without justification 🔆Delayed payments 🔆 Refusal to receive or return goods without justifiable reasons 🔆 Transfer of costs or risks to suppliers

UPDATE: The Competition Authority of Kenya (CAK) has approved the acquisition of assets belonging to Ramoda Ceramics Limited by Keda (T) Ceramics Co Ltd unconditionally. According to CAK, the main players in the ceramic tiles manufacturing and distribution market in Kenya include KEDA, SAJ Ceramics, Millennium, Modern, Goodwill, and Ramoda. Here's the market shares of ceramics tiles players in Kenya:

Fair and competitive food markets are crucial to achieving a world without hunger. In sub-Saharan Africa, 90% of the population are unable to afford a healthy diet. High prices are driven by a range of complex factors, from climate change to global trends. However, analysis by consumer advocates has identified that uncompetitive practices are exacerbating spikes in retail prices of essential food items like vegetables and legumes. To address this challenge, we partnered with our Members, competition authorities, and governments to explore solutions and raise attention to the need for stronger competition. With consumer organisations in the region, we developed the Fair Food Price Monitor, an early warning mechanism to raise alarm on unfair prices. Competition authorities are already using this essential data to encourage early government action. We were pleased last month to bring this work to discussion with regulators, governments and experts at the UN Trade and Development (UNCTAD) Intergovernmental Group of Experts on Competition Law and Policy, where we welcomed further collaboration to build a world without hunger. Read more: https://lnkd.in/dET-7_c7 ➡ Explore our work for #FairFoodPrices: https://lnkd.in/dQSzTVFE

JOB OPENING: Principal ICT Officer. Application deadline: 9th September, 2024 at 5PM. Link: https://lnkd.in/dFHqDbR7

The Competition Authority of Kenya has approved the proposed acquisition of certain assets belonging to Ramoda Ceramics Limited by KEDA (Kenya) Ceramics Company Limited unconditionally. KEDA (Kenya) Ceramics Company Limited, KEDA, is a company incorporated in Kenya.  KEDA is involved in the manufacture, sale and distribution of various ceramic floor and wall tiles in Kenya. Ramoda Ceramics Limited, Ramoda, is a company incorporated in Kenya and involved in the business of manufacturing, distributing and selling ceramic tiles. Ramoda is part of the Ramco Group. The proposed transaction involves KEDA’s acquisition of certain assets of Ramoda relating to the business of manufacturing, distributing and selling ceramic tiles. The assets comprise of a number of properties, plants and various categories of machinery and equipment. The rationale of the proposed transaction is that Ramoda experienced liquidity challenges and other key business, strategic and operational weaknesses, resulting in the closure of its operations. The acquirer has indicated that the acquisition will position the company for sustained growth and profitability.

Global food systems involve a range of players, including farmers and producers, input providers, processors, exporters, logistics partners, sellers and consumers. Competition can drive innovation and efficiency, benefiting everyone, says Teresa Moreira, head of UN Trade and Development’s competition and consumer protection branch. “When companies and farms compete, they strive to improve their techniques, resulting in higher quality products with more variety, sustainable practices, higher yields and lower costs that can increase aggregate surplus across each value chain,” Ms. Moreira says. Competition can also help reduce the costs of agricultural inputs like fertilizers and seeds, making food more affordable.

The Competition Authority of Kenya has approved the proposed acquisition of 51% shareholding in Monarch Insurance Company Limited by a consortium of three firms, Ondoba Limited, Kenyoro Limited and Equico Thirteen Limited, unconditionally. Ondoba Limited (Ondoba), the 1st acquiring undertaking, is a new holding company incorporated for the sole purpose of investing in the financial sector. Kenyoro Limited (Kenyoro), the 2nd acquiring undertaking, is a limited liability company incorporated in Kenya. Kenyoro undertakes investment activities in the financial sector. Equico Thirteen Limited (Equico), the 3rd acquiring undertaking, is a limited liability company incorporated in Kenya. It invests in the financial services sector, including the insurance industry. Monarch Insurance Company Limited (Monarch), the target undertaking, is a limited liability company incorporated in Kenya. It provides composite insurance products, including general insurance, motor solutions, and life insurance. According to the parties, the rationale for the transaction is business growth and expansion by enhancing operational efficiencies and executing a strategy driven by partnerships from the new shareholders.

JOB OPENING: Principal ICT Officer. Application deadline: 9th September, 2024 at 5PM. Link: https://lnkd.in/dFHqDbR7