Abstract: A communication apparatus and a communication method capable of avoiding the transmission rate from being unnecessarily suppressed so as to improve the communication rate between devices, for example, in a home network. A communication apparatus (100) comprises a congestion control determining part (104) that determines, based on IP addresses of the communication apparatus (100) and a communication apparatus (500) on the other end of communication, which are information about the positions of those communication apparatuses on a network, whether a congestion control is necessary in the network when the communication apparatus (100) implements a transmission to the communication apparatus (500) on the other end of communication; and a transmission rate control part (101) that controls the data transmission rate in accordance with the necessity of the congestion control.