Kenya (1990)

Score = 18

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

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