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Kenya: Mergers delayed as confusion mounts over clashing regional, national regulation

 |  January 29, 2013

A conflict over jurisdiction between COMESA (Common Market for Eastern and Southern Africa) and Kenya’s competition authority is reportedly holding up mergers in the nation. COMESA set up an agency to regulate business competition in a region, but as a result, lawyers are now reporting that several mergers have been delayed until the nation can figure out how to navigate both bodies’ of antitrust legislation. The Competition Authority of Kenya has reportedly requested help and advices from the Attorney General, citing numerous conflicts with its own laws as well as “grey areas” about its jurisdiction. In a statement, the CAK’s director general said that the agency is looking to resolve “which one between national and regional regulations is superior.”


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