Undertakings' agreements, their associations' decisions, their own decisions and their concerted practices are prohibited, unless exempted, where the object or effect is to prevent, distort or lessen competition for any goods or services traded in Kenya or part of it under Section D (section 21(1)). The rule covers both horizontal arrangements between competitors and vertical arrangements linking an undertaking with its suppliers or customers (section 21(2)), and reaches practices that limit production, outlets, technical development or investment, discriminate between equivalent transactions, tie unrelated supplementary conditions, stretch intellectual property beyond fair, reasonable and non-discriminatory use, or otherwise restrict competition (section 21(3)(e) to (i)). A prohibited agreement is presumed where undertakings with common directors, shareholders or significant interests act in parallel (section 21(5)). The Authority may fine the undertaking as much as a tenth of its prior year's gross Kenyan turnover (section 36(d)).
The graph holds this control, the 0 it maps to, and the evidence behind each claim, over MCP and REST.