Kenya: Competition Act (No. 12 of 2010) including merger control regulation entered into force

On 1 August 2011, Competition Act (No. 12 of 2010) entered into force. The Act defines a merger as an acquisition resulting in a change of control of a business or part thereof, subjecting such mergers to approval by the Competition Authority. The Authority assesses mergers based on criteria such as market dominance, public benefit, and economic efficiency. It may impose conditions or revoke approvals to maintain fair competition, ensuring that mergers do not lead to a substantial lessening of competition.