Kenya (1990)

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Score = 18

Governed by: The Restrictive Trade Practices, Monopolies, and Price Control Act Chapter 504 of 1 February 1989 last revised 1990. [1][2]

Category Subcategory Score Comment
Scope Extraterritoriality 0
Remedies Fines 1 Article 27(3) says that a person can be held liable for fines or can be imprisoned for failing to notify the Commissioner of a merger.
Prison Sentences 1 Article 27(3) says that a person can be held liable for fines or can be imprisoned for failing to notify the Commissioner of a merger.
Divestitures 1 Article 31(2) allows the authority to require that certain steps are taken before a merger is approved.
Private Enforcement 3rd Party Initiation 1 Article 13 says that any person who considers himself to be aggrieved as a result of a practice may submit a complaint to the Minister.
Remedies Available to 3rd Parties 0
3rd Party Rights in Proceedings 1 Article 16(2) says that any person who has complained in writing to the Commission is able to attend or send a representative to the hearings and Article 20 gives a right to appeal.
Merger Notification Voluntary 0
Mandatory 3 Article 27 requires the approval of a merger by the Commissioner before it can occur.
Pre-merger 2 Article 27 requires the approval of a merger by the Commissioner before it can occur.
Post-merger 0
Merger Assessment Dominance 1 Article 30(b) tells the Commissioner to look at whether the merger will encourage oligopolistic interdependence.
Restriction of Competition 1 Article 30(b) tells the Commissioner to look at whether a merger will be disadvantageous to competition in the domestic market.
Public Interest (Pro D) 0
Public Interest (Pro Authority) 0
Other 1 Article 30(a) allows the Commissioner to look at whether a merger will be advantageous to Kenya in terms of competing on an international market.
Efficiency 1 Article 23(1) says that the Minster is to determine whether the detrimental impact to the economy is outweighed by efficiency advantages.
Dominance Limits Access 0
Abusive Acts 0
Price Setting 0
Discriminatory Pricing 0
Resale Price Maintenance 1 Article 6(1)(e) prohibits RPM.
Obstacles to Entry 0
Efficiency Defense 0
Restrictive Trade Practices Price Fixing 1 Article 6(1)(b) prohibits agreements to fix prices.
Tying 1 Article 9(b) prohibits tying arrangements
Market Division 0
Output Restraint 1 Article 6(1)(i) prohibits output restraint.
Market Sharing 0
Eliminating Competitors 1 Article 10(1)(a) prohibits practices that have the intention of driving a competitor out of business.
Collusive Tendering/Bid-Rigging 1 Article 11 prohibits collusive tendering.
Supply Refusal 1 Article 6(1)(g) prohibits agreements to refuse to sell goods to a particular kind or class of buyers.
Efficiency Defense 0

References

  1. United Nations Conference on Trade Development website, http://r0.unctad.org/en/subsites/cpolicy/Laws/kenya.pdf.
  2. http://www.globalcompetitionforum.org/regions/africa/Kenya/Restrictive%20Trade%20Practices.pdf