AGADVOKS GLOBALKENYA · ENGLISH
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Competition Act

24. Abuse of dominant position

Edition: 2022-12-31 · In force

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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.
(2A)Deleted by Act No. 27 of 2019, s. 4.
(2B)Deleted by Act No. 27 of 2019, s. 4.
(2C)Deleted by Act No. 27 of 2019, s. 4.
(2D)Deleted by Act No. 27 of 2019, s. 4.
(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.[Act No. 49 of 2016, s. 5, Act No. 27 of 2019, s. 4.]
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Source: Kenya Law