GAZETTE NOTICE NO. 6930 APPLICATION FOR EXEMPTION – East African Tea Trade Association

GAZETTE NOTICE NO. 6930 
THE COMPETITION ACT
(No. 12 of 2010)
EAST AFRICAN TEA TRADE ASSOCIATION
APPLICATION FOR EXEMPTION
PURSUANT to the provisions of section 25 (3) of the Competition
Act, 2010 (the Act), the Competition Authority of Kenya (CAK)
notifies the public that the East African Tea Trade Association
(EATTA) has made an application under section 25 (1) of the Act for
an exemption from application of Part III A and B of the Act for a
period of ten (10) years.
This application by EATTA is subsequent to a previous one which
was notified to the public through Gazette Notice No. 8601, Kenya
Gazette Vol. CXVIII-No. 129 of 2016. The Authority granted
exclusion with respect to the request in the exemption application by
EATTA, excluding the request to set brokerage and warehousing fees,
for a period of three (3) years which has since expired.
The exemption application seeks exemption from the provisions
relating to—
(a) the unjustifiable exclusion from a trade association of any
person intending to carry on in good faith the trade in which
the association is formed such as:
(i) Trading only permitted amongst members;
(ii) Broker members be the only ones to offer tea for sale and
thus being the only ones to produce Auction catalogues.
Similarly, producer members not to act as broker
members;
(iii) Members not allowed to deal with brokers who are not
members;
(iv) Members not to deal with non-members or else a
financial penalty will be imposed on them as if they were
applying for membership afresh
(b) The direct or indirect making of a recommendation by a trade
association or its members or any class of its members in
relation to prices or terms of trade such as- the Joint
determination of penalties.
THE above requirements if not exempted will qualify as
contraventions under the Act, hence the application for exemption.
All interested parties are required to submit any written
representations, if any, with regard to this application within thirty (30)
days of the publication of this Notice.
Submissions may be made through the email address info@cak.go.ke
or the CAK portal https://competition.cak.go.ke:444 under the
“Submissions” Tab.
Dated the 24th August, 2020.
WANG’OMBE KARIUKI,
MR/1136776 Director-General.