CAK’s authority to conduct a market inquiry is derived from the Competition Act. CAK is mandated to carry out inquiries into matters relating to competition and protection of consumers, study the effects of government policies and legislation and regulatory authorities on competition and consumer welfare, and investigate impediments to competition.
A market inquiry will result in a report in which CAK may in appropriate cases identify sectors where factors relating to unwarranted concentrations of economic power subsist and give advice regarding measures which may better such situations.
Although a market inquiry will not make binding determinations about infringement of a prohibition under the Competition Act, or enact specific remedies, it may identify potential infringements of a prohibition under the Competition Act and other potential constraints on competition, recommend that an investigation be undertaken, propose an advocacy focus and explore potential remedies for consideration.
A Market inquiry is the first in a potential series of steps that might include an investigation by CAK to identify violations of the Competition Act and apply remedies under that Act or an advocacy initiative as a non-adversarial approach to remedy anti-competitive outcomes. This study might also be an impetus for other regulatory authorities and policy formulating bodies to align their policies to the Competition Act of Kenya.