Kenya merger control
Produced in partnership with Bowmans
Kenya merger control

The following Competition practice note produced in partnership with Bowmans provides comprehensive and up to date legal information covering:

  • Kenya merger control
  • 1. Have there been any recent developments regarding the Kenyan merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Kenya?
  • 2. Under Kenyan merger control law, is the control test the same as the EU concept of ‘decisive influence’? If not, how does it differ and what is the position in relation to 'minority shareholdings'?
  • 3. Are joint ventures caught by the national merger control provisions (including non-structural, cooperative joint ventures)?
  • 4. What are the merger control thresholds and would a purely foreign-to-foreign transaction be caught (commenting on any ‘effects’ doctrine/policy if relevant)?
  • 5. Are there any specific issues parties should be aware of when compiling and calculating the relevant turnover for applying the jurisdictional thresholds?
  • 6. Where the jurisdictional thresholds are met, is notification mandatory and must closing be suspended pending clearance?
  • 7. Is there any discretion to review transactions that fall below the notification thresholds?
  • 8. Is it possible to close the deal globally prior to local clearance?
  • 9. Is there a deadline for filing a notifiable transaction and what is the timetable thereafter for review by the CAK?
  • More...

Kenya merger control

A conversation with Xolani Nyali, partner at pan-African law firm Bowmans, on key issues on merger control in Kenya.

NOTE–to see whether notification thresholds in Kenya and throughout the world are met, see Where to Notify.

Kenya is also a member of COMESA and the EAC, which operate supra-national merger control regimes.

1. Have there been any recent developments regarding the Kenyan merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Kenya?

The Competition (General) Rules, 2019 (the Rules) came into force on 6 December 2019.

The CAK has also proposed new merger guidelines for comment.

The Kenyan Competition Tribunal (CAT) was established in October 2015 and finally heard its first case in April 2020.. Appeals from decisions of the CAK lie to the CAT. The CAT’s powers in this regard include the power to ‘confirm, modify, or reverse the order appealed against, or any part of that order’, or to remit a matter back to the CAK for reconsideration.

On 15 June 2018, the CAK announced that it now accepts electronic filing of merger notifications, including directly by members of the public using its online merger notification functionality accessible on its website. The CAK’s intention is to eventually phase out hard copy notifications and submissions, although this will not happen immediately.

The CAK has increasingly

Related documents:

Popular documents