The quest for an effective legal and institutional framework for competition law in the East African Community: the journey this far

Abstract

This paper underscores the importance of Competition law; explores factors hindering adoption of an effective legal and institutional framework on competition law within the EAC region, and; provides recommendations on the best practices to undertake in order to establish an effective framework in the region. This paper also discusses the two distinct legal regimes governing competition law and policy in the EAC Partner States, specifically; the respective National Competition laws within each of the EAC Partner States, and the Regional Legal Framework encompassing the laws made at the EAC regional level. The EAC framework is then juxtaposed to that of the European Union and United States of America. The Research Method used was qualitative. The researcher used both primary and secondary data; Primary data sources included information collected from Key Informants while secondary data sources comprised of information obtained from text books, journals, Newspaper Articles, web sites, various Acts and policies on competition. Research findings revealed that the major challenges to adoption of an effective legal and institutional framework on competition within the East African Community include: a lacuna in the law; human resource and monetary constraints; and limited knowledge on Competition Law. In order to increase the populations’ understanding of Competition policy and law and foster the adoption of an effective legal and institutional framework on competition, it is therefore appropriate to: amend the EAC Competition Act, 2006 to fill up the lacuna in the law; Sensitize key stakeholders; and develop academic programs, including courses, seminars, and workshops, in the area of Competition law.