Competition Law Tag

I IntroductionThis advisory seeks to examine whether the mere inclusion of “Terms & Conditions” or a reference such as “Terms & Conditions website.com” on a receipt is legally sufficient to bind the parties to the provisions therein, or whether the complete text of the terms must be incorporated within the document. Terms & Conditions may be defined as special or general...

We assessed, and offered strategic representation of a multinational company on how best to go about a piece of its product that it was keen on withdrawing from the Kenyan market. Our engagement involved advising on the regulators to engage, aspects about the regulators needs and engaging the regulators on what is vital for purposes of efficiently addressing their needs. While one...

The primary models of corporate entity acquisition are usually through share or asset acquisition. Various factors influence the decision to settle on either of the two. In this write-up, the focus is on acquisition through shares, as discussed below. 1. Completion Accounts In this model, the parties initially agree on an estimated sale price and upon completion, the “completion...

Restrictive Trade PracticesDownload

Introduction The principal object of the Bill is to amend the Competition Act (Cap. 504) (“The Principal Act”). These amends aim to strengthen the Legal Framework governing market dynamics with an emphasis on digital markets, to enhance consumer protection in Kenya. The Bill aims at redefining critical terms, introducing new terms, proposing forward-thought provisions as well as erasing...

Mergers and acquisitions (M&A) are processes that lead to the birth of new entities through the combination of two business entities into one, which is more effective and efficient than the two former companies that were independent. In these transactions, financial benefits are accrued to the owners of the original companies. M&A is a vital element of corporate expansion strategies,...