Cartel Conduct as a Moral Wrong

A Consequentialist Appraisal of the Kenyan Competition Regime on Cartels

  • Mutemi Mbila Mount Kenya University, School of Law
  • Shikoli Edmond Kabarak University, Law School.
Keywords: Market, Competition, Agreement, Collusion, Cartel, Undertakings

Abstract

Cartel conduct in Kenya is regulated by the Competition Act. This paper seeks to investigate such cartel conduct as both a moral and legal wrong, based on the consequential theory of jurisprudential reasoning. The paper first examines the jurisprudential underpinning of a moral wrong and then proceeds to examine the norms that prohibit cartel behaviour. Upon a careful analysis of the nature and conduct of cartels, the paper concludes that cartels act in a manner that is both morally and legally wrong. The paper then suggests that the sanctions that the Competition Act of Kenya imposes on cartels are justified on both moral and legal basis.

Author Biographies

Mutemi Mbila, Mount Kenya University, School of Law

LL.B. (Hons) (University of Nairobi), LL.M. (Regional Integration and East African Community Law) - (University of Dar es Salaam and University of Bayreuth in Germany), PhD. (Candidate), Lecturer in Law, Mount Kenya University, School of Law, Parklands Campus.

Shikoli Edmond, Kabarak University, Law School.

LL.B. (Hons) (Moi University, Law School), LL.M. (Regional Integration and East African Community Law)- (University of Dar es Salaam and University of Bayreuth in Germany), Advocate of the High Court of Kenya. Lecturer in Law, Kabarak University, Law School.

Published
2021-11-01