ADVOKS GLOBAL · KENYA
Competition Act
24. Abuse of dominant position
Edition: 2022-12-31 · In force
24. Abuse of dominant position
(1)Any conduct which amounts to the abuse of a dominant position in a market in Kenya, or a substantial part of Kenya, is prohibited.(2)Without prejudice to the generality of subsection (1), abuse of a dominant position includes—(a)directly or indirectly imposing unfair purchase or selling prices or other unfair trading conditions;(b)limiting or restricting production, market outlets or market access, investment, distribution, technical development or technological progress through predatory or other practices;(c)applying dissimilar conditions to equivalent transactions with other trading parties;(d)making the conclusion of contracts subject to acceptance by other parties of supplementary conditions which by their nature or according to commercial usage have no connection with the subject-matter of the contracts; and(e)abuse of an intellectual property right.(3)Any person who contravenes the provisions of this section commits an offence and shall be liable on conviction to imprisonment for a term not exceeding five years or to a fine not exceeding ten million shillings or to both.