Kenyan Competition Policy After Ten Years of the Competition Act: A Progress Report

With the coming into force of the Competition Act (2010), Kenya entered the world of modern competition policy. The 10 years that has passed since has seen a great level of activity in the competition space in Kenya, including: the staffing up of a modern competition authority; the rolling out of an ambitious advocacy campaign; the drafting of key guidance documents; the passing of a number of key amendments to plug gaps and open up new avenues for cases, and of course the pursuit of numerous cases including some related to cartels, abuse of dominance and mergers. Through all this, Kenya has become a leader in competition policy in Africa. This paper provides a critical review of many of these developments—with a particular focus on current challenges and opportunities. It also offers reflections on how competition policy may need to be different in a developing country, based on Kenya’s experience.