Kenya: Competition (General) Rules, 2019 including merger control regulation entered into force

On 6 December 2019, the Competition (General) Rules, 2019 entered into force. The Rules govern the assessment and determination of mergers under Part IV of the Competition Act, 2010. It defines mergers, sets notification thresholds, and prescribes procedures for approval, including pre-merger consultations, filing requirements, and assessment criteria. The rules detail the calculation of turnover and assets for merger review, exclusions from notification, and remedies for anti-competitive effects. The Competition Authority of Kenya (CAK) is empowered to investigate unauthorised mergers, impose penalties, and require compliance with conditions to address competition concerns or public interest considerations.