Competition And Dominance Law (Video Content)

Kenya's competition law enforcement is rapidly evolving, with the Competition Authority of Kenya intensifying scrutiny across key sectors while Parliament considers sweeping new powers for digital markets. As regional merger control regimes become suspensory and enforcement activity increases, businesses operating in Kenya face a fundamentally different compliance landscape than existed just a year ago.

Kenya's Competition Authority published its FY 2024/25 Annual Report, revealing significant merger control activity with 128 applications processed, behavioral antitrust investigations spanning 75 cases, and notable enforcement actions against trade associations for price-fixing conduct. The report highlights the CAK's continued focus on employment retention conditions in merger approvals and its measured approach to exemption applications from industry bodies seeking relief from minimum pricing guidelines.

The Competition Authority of Kenya has imposed unusual remedies on the Diageo-Asahi transaction involving East African Breweries, requiring a USD 115 million reserve fund and retail refrigeration space allocation. These unprecedented conditions have sparked debate about the scope of merger control powers and raised questions about whether securing pre-existing liabilities falls within proper regulatory authority.

Dominance Comparative Guide for the jurisdiction of Kenya, check out our comparative guides section to compare across multiple countries

2023 was a transformative year for competition law in Kenya, marked by a series of developments across various industries. In January 2023, the Competition Authority of Kenya ("CAK")...

The Competition Authority of Kenya has harmonized its merger control regime with COMESA but not with the East African Community, creating potential jurisdictional conflicts for cross-border transactions. While the EACCA asserts exclusive jurisdiction over qualifying mergers, Kenya's domestic law has not been amended to recognize this one-stop-shop principle, unlike its treatment of COMESA notifications.

The Competition Authority of Kenya has increased its focus on enforcement against violations of antitrust laws, particularly restrictive trade practices (RTPs), abuse of dominance and cartel behaviour.

For the first time in Kenya, the Competition Tribunal has made a ruling which reversed or amended merger conditions that had been imposed by the Competition Authority of Kenya...

It is now clear that the Competition Authority is a watchdog with a real bite and not just a bark. The competition regulator, approaching its 10th birthday...

Kenya's Competition Authority processed 128 merger applications in FY 2024/25, with manufacturing, financial services, and distribution dominating filings. Nearly half involved cross-border elements, while employment protections emerged as key conditions in major approvals. The authority also pursued 75 behavioural antitrust investigations, targeting cartel conduct and abuse of dominance across multiple sectors.