Competition and Fair Markets: A Global Perspective with Focus on Kenya's Regulatory Framework
Overview
This paper examines Kenya's competition framework under the Competition Act No. 12 of 2010 and its role in fostering fair markets and protecting consumers. It analyzes the Competition Authority of Kenya's enforcement mechanisms through the steel cartel case, demonstrating how antitrust regulations deter monopolistic behavior and promote market efficiency while addressing limitations and recent legislative adaptations.
What this coursework covers
- Kenya's competition legislative framework and CAK's regulatory mandate
- Steel cartel case study with evidence of price-fixing and coordinated conduct
- Assessment of Kenya's competition law effectiveness and enforcement strengths
Preview
Competition and Fair Markets: A Global Perspective
Donald Ngonyo
University of the People
ECON 1580 Applied Economics: Theory and Practice
Bonface Mujuri
February 7, 2026
Competition and Fair Markets: A Global Perspective
Kenya’s competition framework, governed by the Competition Act No. 12 of 2010, plays a central role in fostering fair markets within its mixed economy. The Act establishes the Competition Authority of Kenya (CAK) to promote and safeguard competition while protecting consumers from unfair and misleading conduct (Competition Act, 2010). A key regulatory policy is the Act’s prohibition of anti-competitive agreements (Section 21), abuse of dominance (Section 24), and restrictive trade practices, alongside mandatory merger notifications and reviews.
This policy ensures fairness by preventing collusion, price-fixing, and exclusionary tactics that disadvantage smaller firms. Further, it promotes consumer protection through rules against misleading advertising, unfair pricing, and poor-quality goods, ensuring choices at competitive prices (Kigwiru, 2025). In this regard, economic efficiency is enhanced by encouraging innovation, optimal resource allocation, and preventing market distortions that raise costs or reduce output. For instance, CAK’s merger reviews assess impacts on competition, employment, and public interest, blocking or conditioning deals that harm efficiency (Mudida & Ross, 2021). These mechanisms maintain competitive markets by deterring monopolistic behavior and supporting entry, aligning with broader goals of inclusive growth under Vision 2030.
A significant antitrust case is the steel cartel investigation, cited in the CAK decision August 2023 and further upheld by Competition Tribunal in July 2025 (Kenya Law, 2025).