Regulation of restrictive trade practices, mergers and concentration of economic power; a comparative study of competition law in Kenya, United States of America and Euroepean Union

Abstract

This study looks at how the Kenyan law as evinced by the Restrictive Trade Practices, Monopolies and Prices Control Act, regulates restrictive trade practices, mergers and concentration of economic power in comparison to the law in the United States of America and European Union. It also analyzes how effective the Kenyan law is in regulation of the above restrictive trade practices. In chapter one, the study deals with the scope of the study. The concept of competition as well as the various theories of competition are discussed in fair detail. Chapter two is concerned with concentration of economic power. This chapter looks at the relevant provisions under the R TP.A and the procedure for inquiry into concentration of economic power. The provisions of the R TP.A are also evaluated with a view to identifying the weaknesses of the Kenyan law. Chapter three discusses mergers and takeovers. The different types of mergers as well as the relevant cases are extensively discussed. The U. S.A and E. U experience is very important as the law is much more developed in Comparison to the Kenyan Law and that is why the cases that have been discussed are mainly from the two jurisdictions. This Chapter also analyzes how the R TP Act controls mergers and takeovers and the procedure for investigation into the same. Relevant provisions are evaluated with a view to identifying the weaknesses of the Kenyan law. Chapter four dwells on the regulation and control of restrictive trade practices under the Kenyan, U.S.A and E.U law. In this chapter Horizontal and vertical agreements have been discussed in detail as well as the procedure for inquiry into these trade practices. The provisions are also evaluated and analyzed with a view to identifying the weaknesses of the Kenyan law. In chapter five of the dissertation the institutions created to deal with restrictive trade practices, mergers and concentration of economic power in the three jurisdictions are discussed. The study also discusses the weaknesses of the Kenyan' la w in regard to the institutions created under the RTPA. Chapter six closes the debate with a few concluding remarks and recommendations.