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

Abstract

This article probes the legal standards for theassessment of the impact on competition ofsubsidised goods imported from other Partner Statesin Kenya and Mainland Tanzania in light of the legalprescriptions of the East African Community. Itapplies comparative methodology in the examinationof East African Community legal standards for suchgoods, as well as the national legal standards in thetwo Partner States. The article concludes that Kenyaand Mainland Tanzania have divergent competitionimpact assessment standards for such goods. Thegist of the article, therefore, is that unless thecompetition impact assessment standards applied byKenya and Tanzania are harmonised, the disparity islikely to pervert the objective of a common market.Key words: competition, East African Community, Kenya,Partner States, subsidies, Tanzania