The Competition Authority of Kenya has established an online Case Management System (CMS) as part of its efforts to improve services and deliver on its core mandate to stakeholders.
The CMS went live on 12 June 2019, and will enable its users to go online and complete and submit merger applications; apply for exemptions in respect of restrictive trade practices; file complaints; request for advisory opinions; apply for leniency in respect of cartel-conduct; and make submissions in respect of matters being handled by the Authority. Though CMS is now operational, stakeholders can still access the Authority’s services offline. However, the Authority has however urged parties to make use of the CMS going forward. The CMS has incorporated the draft forms proposed in the Competition (General) Rules, in the Competition (General) Rules, 2018 (the Draft Competition Act Rules) which are yet to come into force.
The Authority notes that online merger notification form for instance, incorporates additional questions and requirements such as providing: the global turnover or assets and countries of operation of the merging parties if they have no operations in Kenya; official company search results for each merging party issued within the last two months; a list of all the undertakings where the directors of the merging parties serve as directors and/or shareholders; details of previous merger applications involving the merging parties or their affiliates; and information on the market participants and entrants in the relevant market. While parties will not be required to provide responses to these additional questions, for now, the Draft Competition Act Rules are expected to come into force by the end of the year, if passed by Parliament.