Drawback of Divergence: Contrasting Competition Impact Assessment Standards for Subsidies in Kenya and Tanzania

Abstract

This article probes the legal standards for the
assessment of the impact on competition of
subsidised goods imported from other Partner States
in Kenya and Mainland Tanzania in light of the legal
prescriptions of the East African Community. It
applies comparative methodology in the examination
of East African Community legal standards for such
goods, as well as the national legal standards in the
two Partner States. The article concludes that Kenya
and Mainland Tanzania have divergent competition
impact assessment standards for such goods. The
gist of the article, therefore, is that unless the
competition impact assessment standards applied by
Kenya and Tanzania are harmonised, the disparity is
likely to pervert the objective of a common market.

Key words: competition, East African Community, Kenya,
Partner States, subsidies, Tanzania