CAK launches Competition and Consumer Protection Law Digest (publication)

The Competition Authority of Kenya (CAK) has today launched a Competition and Consumer Protection Law Digest. The publication provides concise but detailed briefs on select matters that the Authority has handled since establishment in August 2011 to June 2022. The main objective of the Digest, which has been developed in collaboration with the National Council for Law Reporting (Kenya Law), is to enhance understanding of competition and consumer protection law in the country, expose stakeholders to the Authority's decision-making processes, and further develop jurisprudence.

"In the course of executing our mandate, the Authority endeavors to be highly transparent, predictable and accountable to all our stakeholders. The Digest has been developed in fulfillment of this aspiration," said Mr. Shaka Kariuki, the Authority's Board Chairman.

The cases covered in the Digest relate to Mergers & Acquisitions, Restrictive Trade Practices and Consumer Protection, and Abuse of Buyer Power. The Digest also provides detailed accounts of the market inquires and studies the Authority has conducted in various sectors in a bid to address anti-competitive and consumer welfare concerns and, more importantly, inform policy decisions. Finally, the Digest contains judicial decisions that the Authority has been party to at the Competition Tribunal and the High Court.

One of the goals under the Authority's Strategic Plan is entrenching the CAK as a center of excellence for competition and consumer protection law. It is in furtherance of this objective that the Authority prioritized the development and dissemination of the Digest, outlining the procedural and substantive application of the Competition Act.

"The Authority generates and proactively publishes information regarding our mandate execution, including determinations, orders, and market studies, which are available in disparate

formats and locations," said Dr. Adano Wario, the Authority's Acting Director-General.

"The Digest now provides a one-stop reference for stakeholders. This publication is the first of many that the Authority plans to produce. We look forward to receiving feedback regarding the inaugural edition from stakeholders," he added.

The Digest is available free of charge on the Authority's Website https://www.cak.go.ke

The launch of the Digest was the culmination of the two-day 2024 International Competition Network (ICN) Advocacy Workshop which the Authority organized under the theme Bouncing Back: Competition Advocacy and Resilience to Global Shocks. The Workshop unpacked the role of advocacy in advancing the tenets of competition law enforcement, thereby supporting recovery of economies from disruptions.

Competition law practitioners from 36 countries, as well as other stakeholders, discussed relevant issues relating to enforcement of competition law and exchanged best practices. The Workshop provided an opportunity for stakeholders to foster collaborations that will advance competitive markets in their respective jurisdictions.

"The ICN is a peer forum of over 135 competition law practitioners from across the World. It was therefore an honor for Kenya, through the Authority, to win the bid to host the event. The onus is now on all the delegates to execute the recommendations and learnings from the Workshop in their jurisdictions, while tailoring them to their unique circumstances," said Mr. Kariuki.