Tuesday 09th of February 2010
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Monopolies and Prices Commision
Monopolies and Prices Commision
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Mission To promote and advocate for a sustainable competitive business climate in the country through visionary case planning, prudent and faster handling of cases, effective coordination of the various divisions in the department and optimal utilization of the resources available.
Vision To achieve excellence in the effective management of Competition Policy and Law in order to maximize the welfare of all Kenyans.
The Monopolies and Prices Commission of Kenya is a Department of the Ministry of Finance. Its mandate is to enforce Competition Principles and Rules in accordance with the provisions of the Restrictive Trade Practices, Monopolies and Price Control Act, Cap 504 of the Laws of Kenya. The Act was enacted in 1988 and came into force on 1st February 1989.
The role of Monopolies and Prices Commission is that of economic regulation and entrenching the culture of competition through advocacy and other pedagogical issues.
These functions are macro in nature and if implemented effectively and efficiently, they have a gearing towards the level of investments, employment, level of savings and hence general economic growth and development.
The Commission is mandated to encourage competition in the economy by prohibiting restrictive trade practices, controlling monopolies, concentration of economic power and related activities in accordance with the provisions of Cap. 504.
The Commission is also mandated to advise the Government on Competition Policy and Law and its implementation.
- Functions of the MPC:Regulation of market structure. The Commission analyses mergers and take-overs and recommends to the minister for approval/rejection. The Commission also checks and controls unwarranted concentrations of economic power and recommends to the minister for divestiture- where necessary. The main aim of this regulation is to reduce the scenario of a few (monopolists) firms dominating the economy hence leading to consumer exploitation.
- Regulation of market conduct. The Commission prohibits restrictive trade practices such as price-fixing, cartel behaviour, market/territorial allocation, exclusive dealings, tied purchases, trade discrimination etc. If these practices are unabated, there will be reduced quality and quantity of goods in the market, high prices due to lessened competition and will impact negatively on consumers especially the vulnerable groups.
- Enforcement and compliance. The Commission follows-up the various ministerial orders and or consent agreements, which are issued under Cap. 504, to ensure they are adhered to. This demands site visits (in case of consent agreements) and or industry studies.
- Advising the government on domestic, regional and international trade competition related issues. This includes EAC, COMESA WTO treaties etc
- The Commission has a function of advocacy. This function is aimed at creating a positive culture of fair competition.
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