COMPETITION AUTHORITY OF KENYA PUBLISHES DRAFT MARKET DEFINITION GUIDELINES FOR COMMENT

Wednesday, May 22, 2019
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The Competition Authority of Kenya (the CAK) is in the process of reviewing the Market Definition Guidelines (the Guidelines) to inform its operations under the Competition Act 12 of 2010. The CAK has invited comments on the Guidelines, available here, by 30 May 2019.

The Guidelines will be complementary to the Consolidated Guidelines on the Substantive Assessment of Mergers and the various guidelines on Restrictive Trade Practices for market definition purposes.  

The Guidelines will be particularly important to determining when an undertaking holds a dominant market position or market power in a relevant market and, as a consequence, will be significant in abuse of dominance cases.

As the CAK operationalises the Competition Buyer Power Rules, and the Retail Trade Code of Practice through its new Buyer Power Division, the Guidelines will have significant implications for suppliers.

Bowmans is considering the guidelines with a view to providing comments.  

The CAK is one of the few sub-Saharan African competition jurisdictions that have developed guidelines on market definition.

Submissions may be sent by email to: guidelines@cak.go.ke or hand-delivered between 8:00 am and 5:00 pm on business days to: The Competition Authority of Kenya, Railways HQs, Block “D” Ground Floor, Haile Selassie Avenue or through P.O. Box 36265-00200, Nairobi.