Competition & Antitrust

Competition & Antitrust Law in Kenya

Competition law shapes how businesses grow, merge and behave in the market. OLM Law advises companies, investors and dealmakers on competition law in Kenya — merger control, market conduct and compliance under Kenyan and regional regimes.

The legal framework

Competition in Kenya is regulated under the Competition Act by the Competition Authority of Kenya (CAK), which controls mergers, prohibits restrictive trade practices and the abuse of a dominant position, and protects consumers. Mergers with a regional dimension may also require notification to the COMESA Competition Commission. We help clients comply with these regimes and obtain the approvals their transactions need.

How we help

• Merger control — assessing whether a transaction requires approval, preparing notifications to the CAK (and the COMESA Competition Commission where relevant) and securing clearance.
• Restrictive practices and dominance — advising on agreements, pricing and conduct that may raise concerns, and defending investigations.
• Compliance programmes — designing competition-compliance policies and training to keep businesses on the right side of the law.
• Consumer protection — advising on the consumer-protection provisions the CAK enforces.
• Leniency and enforcement — advising on leniency applications and representing clients in enforcement proceedings.

Why clients choose OLM

Competition clearance is often on the critical path to closing a deal. Our team integrates competition advice into the transaction from the outset, so that filings are made early and clearance does not hold up completion.

Frequently asked questions

When does a merger need approval in Kenya?

Whether a transaction must be notified depends on the parties’ turnover and assets measured against the thresholds set by the Competition Authority of Kenya. We assess this at the outset and manage any required filing.

What is abuse of dominance?

It refers to conduct by a firm with market power that harms competition — for example certain pricing or exclusionary practices. We advise dominant firms on staying compliant and act for those affected by such conduct.

For merger clearance or competition compliance, contact OLM Law’s competition team.