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{
    "id": 122900,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/122900/?format=api",
    "text_counter": 381,
    "type": "other",
    "speaker_name": "",
    "speaker_title": "",
    "speaker": null,
    "content": "Clause 5 recognizes that some State-owned enterprises can engage in anti- competitive practices. For example, they can discriminate against suppliers or they can issue exclusive rights to certain players. This clause also accords the proposed authority overall jurisdiction on all matters concerning competition and consumer welfare. It also provides for sharing of information and promotion of co-operation between the authority and the various sector regulators. Mr. Temporary Deputy Speaker, Sir, in Part “C” of the Bill, we deal with the abuse of dominant position. Clause 23 provides for criteria for determination of dominant undertaking which is singlehandedly or collectively with not more than other undertaking suppliers, more than 50 per centum of goods or services in Kenya. Clause 24 enumerates abuse of dominant position to include a position to impose unfair prices, limit or restrict entry, discriminate or impose or intellectual property rights abuse. Clause 25 provides for the exemption of certain restrictive trade practices which can maintain or promote our exports, prevent decline in the production of goods and services, promote technical or economical progress or stability in any industry and also restrictive trade practices whose benefits would outweigh the effects of lessening of competition in the economy. This will, particularly, concern Small and Micro-Enterprises (SMEs). We need to protect them. This provides for the rule of reason and criteria in the analysis of the restrictive trade practices especially vertical restraints which may be aimed at enhancing efficiency in distribution. In Part “E”, which deals with investigations into the prohibited practices, Clause 31 provides for the investigations into restrictive trade practices or AODs. Any person can complain and if the authority does not wish to investigate, it has to give reasons for not investigating. Clause 32 provides for the Authority’s power to enter and search and copy records and data while conducting investigations. These powers are pertinent to any cartel---"
}