It is now clear that the Competition Authority of Kenya (CAK) is a watchdog with a real bite and not just a bark. The competition regulator, approaching its 10th birthday, has been keen to clamp down on market activity that falls foul of the Competition Act.
When the Act came into force in 2012, the mandate of the Authority was largely understood to be the regulation of mergers ans acquisitions. At the time, the language in the legislation on merger control was so broad that the sale of a kiosk could be construed as a transaction requiring the Authority’s approval. While useful thresholds have since been introduced, certain players ignored the provisions of the Act with grave implications.
