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{
    "id": 935808,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/935808/?format=api",
    "text_counter": 573,
    "type": "speech",
    "speaker_name": "Roysambu, JP",
    "speaker_title": "Hon. Isaac Ndirangu",
    "speaker": {
        "id": 2701,
        "legal_name": "Isaac Waihenya Ndirangu",
        "slug": "isaac-waihenya-ndirangu"
    },
    "content": "I wish now briefly mention, clause-by-clause, some of the amendments we have proposed to make in this Bill. In Clause 2, the Bill proposes an amendment to introduce the words “abuse of buyer power” into sub-section 4 of the Section 18 of the Act. In its current state, Section 19(4) provides power for the Authority to conduct market inquiries into matters affecting competition or consumer welfare. However, it does not provide for market inquiries focusing on the buyer power issues. This amendment aims to provide for that in order to inform continuous development of buyer power related policies. Clause 4 proposes the creation of an exclusive Section 2A to provide for abuse of buyer power. The new section will incorporate the present Section 24(2)(a) to Section 24(2)(d) of the Act which provides for creation of the offences of abuse of buyer power, assessment of buyer power, granting of power to the Competition Authority (CA) to make rules and definition of buyer power. In Clause 24 which proposes to create a new sub-section which makes the Authority be able to monitor the activities of sectors or undertakings that are experiencing or are likely to experience incidents of abuse of buyer power to ensure compliance. The CA will be able to impose reporting and prudential requirements. So, this Clause 24 is giving the CA power to proactively investigate and impose reporting and prudential requirements and monetary capacity. Clause 4 sets out a clear list of acts which may qualify as abuse of power. This will provide clarity and efficacy in enforcement. The proposed sub-section will further set out minimum requirements for the supply contracts. The intention is to protect weaker suppliers like The electronic version of the Official Hansard Report is for information purposes only. Acertified version of this Report can be obtained from the Hansard Editor."
}