The advent of COVID-19 profoundly disrupted established contractual relations across virtually every industry, leading to unprecedented challenges in performance, interpretation, and enforcement. Businesses frequently encountered scenarios where force majeure clauses were invoked, supply chains fractured, and regulatory changes necessitated rapid renegotiation or termination of agreements. This period highlighted the importance of robust contractual drafting, particularly concerning unforeseen circumstances, and underscored the inherent vulnerabilities of globalized commerce to systemic shocks, forcing parties to re-evaluate their mutual obligations and risk allocation.

Beyond the immediate disruptions, the pandemic also introduced significant competition risks, particularly when businesses sought to adapt to the new economic realities. In times of crisis, there is a heightened temptation for competitors to engage in anti-competitive practices, such as price gouging for essential goods, market sharing to reduce competitive pressure, or collusive agreements to limit supply. Regulatory bodies in Kenya and globally have been vigilant in monitoring such behaviors, emphasizing that while cooperation might be necessary for public health responses, it must not extend to activities that stifle fair competition or exploit vulnerable consumers.

Therefore, as companies navigated the contractual fallout of COVID-19, they also had to remain acutely aware of their obligations under competition law. Any collaborative efforts or agreements between competitors, even if seemingly justified by the crisis, required careful legal scrutiny to avoid accusations of cartel behavior or abuse of dominant market positions. The pandemic served as a stark reminder that even in extraordinary circumstances, the principles of fair competition remain paramount for maintaining healthy markets and protecting consumer welfare, necessitating a delicate balance between crisis response and adherence to anti-trust regulations.