As a Kenyan law firm, we offer end-to-end legal services in Competition and Antitrust Law, helping clients comply with Kenya’s competition regime while minimizing legal and commercial risks. Our services span merger control, restrictive trade practices, abuse of dominance, consumer welfare, cartel investigations, and competition compliance training. We represent clients across sectors including telecommunications, finance, retail, energy, transport, FMCG, and pharmaceuticals.
Merger Assessment and Notification:
Advising on whether a proposed merger, acquisition, or joint venture meets the thresholds for mandatory notification to the Competition Authority of Kenya (CAK).
Preparation and Filing of Merger Notifications:
Preparing and submitting merger documentation, including Form 1 and supporting documents.
Advising on timelines, approvals, and post-merger compliance.
Cross-Border Mergers:
Coordinating merger filings with regional bodies like the COMESA Competition Commission, where applicable.
Phase 1 & Phase 2 Merger Review Support:
Guiding clients through complex mergers subject to extended CAK investigations, including remedy negotiations and impact assessments.
Advisory on Anti-Competitive Agreements:
Reviewing contracts and business arrangements to ensure compliance with Section 21 of the Competition Act.
Advising on distribution agreements, price-fixing risks, exclusive dealing, and territorial restrictions.
Exemptions and Authorisations:
Assisting clients in applying to CAK for exemptions to certain restrictive agreements that enhance efficiency or innovation.
Industry Collaboration and Trade Associations:
Ensuring that trade association activities and joint initiatives do not contravene competition law.
Market Dominance Analysis:
Advising clients on whether their conduct or position in the market may amount to abuse under Sections 22–24 of the Act.
Compliance for Dominant Firms:
Structuring pricing strategies, rebate schemes, and exclusive contracts to avoid abuse of dominance claims.
Defending Investigations:
Representing dominant firms under investigation by the CAK for alleged predatory pricing, refusal to deal, or margin squeezing.
Cartel Risk Advisory:
Advising companies on risks of collusive conduct such as bid-rigging, price fixing, or market allocation.
CAK Investigations and Dawn Raids:
Legal support during investigations, including responding to information requests, search and seizure actions, and interviews.
Leniency and Settlement Programs:
Advising clients on self-reporting, leniency applications, and negotiating settlements to reduce fines or penalties.
Consumer Welfare Advisory:
Assisting businesses in compliance with consumer protection provisions under the Competition Act, including misleading advertising, unfair contract terms, and product safety.
Product Recall and Regulatory Notifications:
Advising on product recalls, quality standards, and interactions with CAK, KEBS, and other regulatory bodies.
Complaints Handling and Resolution:
Representing businesses in resolving complaints or investigations arising from consumer rights violations.
Internal Compliance Programs:
Designing and implementing robust competition compliance frameworks tailored to the client's industry and structure.
Policy Drafting and Review:
Developing internal codes of conduct, competition manuals, and whistleblower protocols.
Risk Assessment Audits:
Conducting compliance audits to assess exposure to anti-competitive practices and mitigate legal risk.
Staff Training and Workshops:
Delivering customized training sessions for legal teams, sales staff, procurement officers, and executives on:
Basic competition law principles
“Do’s and Don’ts” in meetings with competitors
Conduct during CAK investigations or dawn raids
Board Briefings and Executive Updates:
High-level briefings on emerging risks, CAK enforcement priorities, and regional developments.
Representation in CAK Proceedings:
Defending clients in enforcement actions by the Competition Authority or in hearings involving alleged competition breaches.
Appeals and Judicial Review:
Challenging CAK decisions before the Competition Tribunal or High Court through appeals or judicial review.
Private Enforcement Support:
Advising businesses or consumers bringing or defending private actions for anti-competitive conduct.
Telecommunications and ICT:
Advising on licensing, pricing, and infrastructure-sharing arrangements in line with competition rules and sector regulations.
Financial Services:
Assessing compliance of banking, insurance, and fintech collaborations with fair competition standards.
Retail, Manufacturing, and Energy:
Structuring supplier agreements, pricing models, and market expansion strategies within competition law limits.
COMESA Competition Compliance:
Assisting clients with multi-jurisdictional competition filings and compliance under COMESA rules.
East African Community (EAC) and Global M&A:
Advisory on EAC regional competition law developments and their implications for cross-border operations.
Benchmarking with Global Best Practices:
Aligning internal policies with EU, UK, and US antitrust frameworks for multinational clients.