Kenya: Competition Authority of Kenya released Consolidated Guidelines on Restrictive Trade Practices under Competition Act

On 26 June 2020, the Competition Authority of Kenya (CAK) released the Consolidated Guidelines on Restrictive Trade Practices under the Competition Act, providing a detailed framework for the assessment and enforcement of competition law in Kenya, with a focus on restrictive trade practices as outlined in Part III of the Competition Act, No. 12 of 2010. The guidelines outline the analytical constructs used to evaluate horizontal and vertical agreements, abuse of dominance, and the procedures for granting exemptions, leniency, and determining administrative financial penalties. They aim to align national competition law with international best practices, offering clarity on the CAK's jurisdiction, the assessment of anticompetitive conduct, and the criteria for determining market dominance and abuse. The Guidelines also detail the types of exemptions available, including those for intellectual property arrangements and professional association agreements, and introduce the leniency programme and fining procedures to enhance compliance and enforcement.