The Competition Authority of Kenya (CAK) has issued guidelines for its internationally-inspired cartel leniency programme, signalling a renewed attitude to enforcement at the regulator.
The CAK, incorporated in 2011, has been focusing predominately on merger control as it finds its feet and gets to know the market. It now has the internal capacity to deal with enforcement actions against cartel behaviour so leniency guidelines, which should reduce the burden on the regulator’s investigative arm, are the logical next step.
“If the CAK had pursued this when it was first established it would have been a flop, as a leniency programme will only succeed if parties understand that not cooperating will have serious consequences,” said Joyce Karanja-Ng'ang'a, partner at Bowmans in Nairobi.
“This is all new to the Kenyan market, but businesses are becoming a bit...