Our Mandate

The Tribunal adjudicates disputes emanating from the decisions of the Competition Authority of Kenya (CAK).

The disputes may arise from the following areas:

Restrictive Agreements, Practices and Decisions

Collusive business arrangements or concerted behaviours between companies that undermine free-market competition, harm consumers, or restrict trade. These anti-competitive behaviours are illegal under the Competition Act.

Mergers and Acquisitions

This refers to obtaining ownership and control by one firm, in whole or in part, of another firm or business entity.

Control of Unwarranted Concentration of Economic Power

Means the existence of close directorship between two distinct undertakings or companies producing substantially similar goods or services and whose combined market share is more than 40 per cent.

Restrictive Trade Practices Applicable to Trade Associations

Agreements which inhibit fair competition in the economy.

Abuse of Dominant Position

This is where a dominant firm in the economy uses its position for economic gain at the expense of fair competition.

Consumer Welfare

These include false or misleading representation regarding standards, quality, value, grade, composition, style and model of a product/service.

Abuse of Buyer Power

This occurs when a large buyer uses its dominant market position to impose unfair, disproportionate, or non-negotiable terms on weaker suppliers through delayed payments, unilateral contract changes, or forced funding for promotions and rebates.

Exemption of Certain Restrictive Trade Practices

A restrictive trade practice can be exempted if the benefit accruing to the public outweighs the lessening of competition.