Kenya: Competition (General) Rules, 2019 including fair marketing and advertising practice requirement entered into force

On 6 December 2019, the Competition (General) Rules, 2019 entered into force. The Rules regulate unilateral conduct under Part VI of the Competition Act, 2010, specifically addressing unilateral fees and charges. Entities providing banking, microfinance, insurance, and other services must disclose such charges before executing a transaction, contract, or legal agreement. The rules mandate transparent communication of terms and conditions, including pricing, penalties, data usage, and privacy policies. The Competition Authority of Kenya (CAK) enforces compliance through disclosure requirements and penalties for non-compliance, ensuring that unilateral pricing practices do not exploit consumers or distort market competition.