Competition & Antitrust
Merger notifications and clearances before the Competition Authority of Kenya (CAK) and the COMESA Competition Commission, restrictive trade practices investigations, abuse-of-dominance defences, leniency applications and consumer-protection compliance under the Competition Act. We pre-clear transactions, draft compliance programmes and represent clients in CAK investigations and proceedings.
What we advise on. We prepare and file merger notifications, defend restrictive-trade-practice and abuse-of-dominance investigations, make and respond to leniency applications, draft competition-compliance programmes and conduct competition audits, and advise on consumer-protection obligations. We also obtain CAK approval for proposed conduct and represent clients through inquiries, dawn raids and enforcement proceedings.
Governing law and regulators. Our work is governed by the Competition Act 2010 and its regulations, enforced by the Competition Authority of Kenya (CAK), and — for transactions with a regional dimension — the COMESA Competition Regulations enforced by the COMESA Competition Commission. We manage parallel filings so a regional deal clears in every relevant jurisdiction.
Who we act for. We act for merging parties seeking clearance, for businesses under investigation, and for complainants and third parties affected by another firm’s conduct. Our clients span manufacturing, FMCG, technology, financial services and retail — sectors where competition scrutiny is most active.
Why OLM for competition and antitrust. Competition timelines can make or break a transaction. We assess notifiability early, prepare filings that anticipate the CAK’s questions, and keep clearance off the critical path wherever possible — and when an investigation lands, we defend it with the same rigour we bring to litigation.
Frequently Asked Questions
What are the merger thresholds in Kenya? The Competition Authority of Kenya sets turnover and asset thresholds that determine whether a merger requires full approval, qualifies for a simplified process, or is excluded. Even excluded mergers may require notification. We confirm the current thresholds and your filing obligation before signing.
What penalties apply for breaching the Competition Act? The CAK can impose financial penalties of up to 10% of a firm’s preceding-year turnover for anti-competitive conduct, alongside structural and behavioural remedies. Implementing a merger before clearance (‘gun-jumping’) is itself an offence.
Does COMESA clearance replace CAK clearance? Where a merger meets the COMESA regional thresholds and the parties operate in two or more COMESA member states, the COMESA Competition Commission has jurisdiction — but national filings may still be required depending on the facts. We map the correct filing strategy for each deal.
What does the Competition Act 2010 regulate? It regulates restrictive trade practices, abuse of dominance, mergers and consumer protection, and is enforced by the Competition Authority of Kenya. We advise on compliance across all of these areas.
What is an abuse of dominance? A dominant firm abuses its position when it engages in conduct such as predatory pricing, refusal to deal, or unfair terms that harms competition. We advise dominant firms on compliant conduct and defend investigations.