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{
    "id": 699205,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/699205/?format=api",
    "text_counter": 138,
    "type": "speech",
    "speaker_name": "Hon. Katoo",
    "speaker_title": "",
    "speaker": {
        "id": 199,
        "legal_name": "Judah Katoo Ole-Metito",
        "slug": "judah-ole-metito"
    },
    "content": "2 of the Bill, there is a further proposal to insert a new definition of “county government” in line with Article 176(1) of the Constitution. Clause 4 of the Bill proposes to introduce a new clause and make it mandatory for every person undertaking trade association to provide information requested by the Authority in fulfilment of its statutory mandate for conducting an inquiry or sectoral study. Clause 5 of the Bill talks about buyer power. This is important because it was previously noted that the current Act did not address it. It prohibits abuse of buyer power. It outlines the factors for consideration when determining buyer power by the Authority. It further provides for the development of rules by the Authority in consultation with the Cabinet Secretary and other stakeholders. This is in line with Article 10 of the Constitution, which provides for public participation. Clause 6 of the Bill seeks to include abuse of dominant positions and buyer power as some of the instances where the Authority must give notice to the concerned undertaking of a proposed decision that a prohibition has been infringed pending conclusion of an investigation. Previously, the issue of abuse of power by a dominant position had not been included in the Act. This widens the scope of prohibited conduct under the Act. The amendment in Clause 7 is a consequential amendment as it amends Section 36 of the principal Act to be in line with amendments proposed in Clause 6 to include abuse of a dominant position and buyer power as infringement of prohibited conduct under the Act."
}