Briefing Paper: EAC Competitions Policy

In 2004, the East African Community Council of Ministers adopted East African Competitions Policy subsequently the East African Legislative Assembly enacted the East African Competitions Act in 2006.

The Act seeks among others to promote fair trade and ensure consumer welfare and to establish the East African Community Competition Authority. Once established the East African Competitions Authority will have powers to scrutinize before approving mergers and acquisitions with cross-border effects and deal with any other matters relating to competition.

Although the EAC Competition Act was enacted in 2006, it has not been operational. The coming into force of EAC Common Market has revealed a legal gap regarding regulating firms with cross-border investments and the need to operationalise the Act. However, operationalising the Act will require EAC Partner States to have in place National Competition laws and institutions.

Currently, only Kenya and Tanzania have fully functioning National competitions laws and institutions. Burundi recently enacted a Competitions Act and is in the process of establishing the requisite institution while Uganda and Rwanda are also at different stages of enacting their own competition laws.

Attached EABC Briefing Paper on EAC Competition Law and Policy Prepared by EABC Communications Oficer, Godwin Muhwezi Bonge. The paper outlines provisions of the EAC Competition Act, 2006 and goes on to discuss policy perspectives of competition law and policy in the context of East African Community