Kenya Competition Act (Cap. 504)
Part III Sections D and E: exemptions, investigations, settlement and leniency – Kenya Competition Act (Cap. 504)

Kenya Competition Act (Cap. 504) 36-38: Settlement, interim orders and the leniency programme

What does 36-38 require?

After an investigation the Authority may declare an infringement, restrain the conduct, direct remedial action, impose a financial penalty of as much as a tenth of the prior year's gross Kenyan turnover, or grant other relief (section 36), and where urgent it may order an undertaking to stop and desist pending the investigation (section 37). The Authority may settle with the undertaking at any point while an investigation runs or after it ends, and the settlement may include damages to the complainant and a pecuniary penalty (section 38). Under the leniency programme an undertaking that voluntarily discloses a prohibited agreement or practice and cooperates may be spared all or part of the fine, on the terms of the Authority's guidelines (section 89A). Ignoring any lawful Authority order, including an interim order or a settlement term, is an offence (section 89).

Maintained by Gerard Blokdyk

Other controls in Part III Sections D and E: exemptions, investigations, settlement and leniency – Kenya Competition Act (Cap. 504)

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