Reporting unfair competition in Kenya

If your company meets with unfair competition in a foreign market, you can report this to the Ministry of Foreign Affairs' Trade Barriers Reporting Centre.

Where can I report unfair competition?

Complaints about unfair competition abroad can be reported to the Trade Barriers Reporting Centre. Unfair competition includes illegal state aid for foreign companies, protectionism or discrimination in contract award procedures.

You can report unfair competition by emailing handelsbelemmeringen@minbuza.nl or by calling +31 (0)70 348 5264. You can also contact the Centre if you have any questions or would like to pass on a suggestion, for example about how to improve customs procedures.

What will happen to my report?

The Trade Barriers Reporting Centre will contact you within a week of receiving your report. They will discuss the problem with you and try to find a solution.

The nature of the problem will determine how it is dealt with. With your permission, contact may be sought with dossier holders and government bodies. Examples of these include other ministries, the Dutch embassy in the country in question or trade associations. The approach that is adopted may be altered if it is not having the desired effect.

Reports, and how they are handled, are confidential. For example, no names will be used unless permission has been given to do so. The Centre will always consult you before any action is taken.

Conditions for submitting a complaint

The Trade Barriers Reporting Centre will process complaints if:

  • they come from a Dutch company operating in a foreign market;
  • there may be unfair competition as a result of suspected support for businesses in other countries. This includes discrimination in contract award procedures, incorrectly granted state aid to a foreign competitor or ongoing expropriation procedures;
  • a foreign government may be enabling the suspected unfair competition.

Exceptions

The Trade Barrier Reporting Centre will not handle a complaint if it:

  • is the subject of a civil procedure in the country in question
  • concerns another business
  • is made by a consumer and concerns a business
  • is made by a consumer and concerns the government.

SOLVIT

SOLVIT deals with problems reported by citizens and businesses that arise when European rules are not properly applied by government institutions. Examples include failure to recognise a degree or professional qualification, or problems with labour law or social security. 

Reporting unfair competition in this country or region

If you have dealt with unfair competition in Kenya, please report this to the Netherlands Embassy through the following email addresses:

Nai-ea@minbuza.nl for general economic issues

Nai-lnv@minbuza.nl for specific agricultural issues.

Additionally, the following websites could provide specific details about the procedure in relation to unfair competition in Kenya:

Competition Authority of Kenya, Anti Counterfeit Agency en Public Procurement Oversight Authority

Tips and tricks to narrow down corruption

- Set up a behavior code, including a whistleblower policy

- Put emphasis on transparency within the company

- Take into account that preparation to do business abroad, starts in the home country

- Pick your business partners carefully; check their background and reputation

- Cooperate with good hearted contacts

- Neglect facilitative payments

- Make sure to have the right import and export licenses of your products at the customs

- Put emphasis on a clear financial management

- Work together with Embassies and other companies

- If an unfair situation occurs; take the right decision