Mandate and Functions

Mandate

The Authority is mandated to enforce the EAC Competition Act,2006 by promoting and protecting fair trade and providing for consumer welfare in the Community. The Act sets out that objects of the competition policy and practice in the Community shall be to:

(a) enhance the welfare of the people in the Community by:

1. protecting all market participants’ freedom to compete by prohibiting anti-competitive practices;
2. protecting the opening of Partner States’ markets against the creation of barriers to interstate trade and economic transactions by market participants;
3. guaranteeing equal opportunities in the Community to all market participants in the Community, and especially to small and medium-sized enterprises;
4. guaranteeing a level playing field for all market participants in the Community by eliminating any discrimination by Partner States on the basis of nationality or residence;
5. providing consumers access to products and services within the Community at competitive prices and better quality;
6. providing incentives to producers within the Community for the improvement of production and products through technical and organizational innovation;
7. promoting economic integration and development in the Community;

(b) enhance the competitiveness of Community enterprises in world markets by exposing them to competition within the Community;

(c) create an environment which is conducive to investment in the Community;

(d) bring the Community’s competition policy and practice in line with international best practices;

(e) strengthen the Partner States’ role in relevant international organizations.

Functions

The function of the Authority as enshrined in Section 42 of the EAC Competition Act, 2006, which provides that the Authority has all powers, express and implied necessary for and conducive to the implementation and enforcement of the East African Community Competition Law. In the performance of its functions under this Act, the Authority shall have powers to:

1. Gather information;
2. investigate and to compel evidence, including the search and seizure of documents;
3. hold hearings;
4. issue legally binding decisions;
5. impose sanctions and remedies;
6. refer matters to the Court for adjudication;
7. recommend to the Council to make regulations;
8. develop appropriate procedures for public sensitization, consultation and participation;
9. develop appropriate procedures for consultation and involvement of the East African Community’s Sectoral regulatory regimes for purposes of enhancing compatibility with the East African Community Competition Law;
10. formulate by-laws for the operation of the Authority;
11. collect data, undertake studies and publish reports;
12. co-operate with regional and international organization’s and with foreign competition authorities.