Kenya: Competition Authority of Kenya opened consultation on draft Competition (Amendment) Bill, 2024 including unilateral conduct regulation

On 27 May 2024, the Competition Authority of Kenya (CAK) opened consultation on the draft Competition (Amendment) Bill, 2024, until 14 June 2024. The draft Bill amends Section 4 of the Competition Act to include digital activities in the assessment of market dominance. It specifies that dominance in digital markets can be established even with market shares below 40%, considering factors such as direct and indirect network effects, economies of scale, switching costs, and competitive pressure driven by innovation. The CAK is empowered to evaluate the strategic market position of undertakings, particularly in digital activities, to prevent the abuse of market power by dominant firms.