
Airtel and Telkom Kenya have won their appeal against merger conditions instituted upon them by the Competition Authority of Kenya (CAK).
In its ruling made on Monday, May 4, the Competition Tribunal overturned the majority of the conditions placed upon the two units when the CAK approved their proposed merger on December 13.
Opposed to the tough conditions, the pair had moved to appeal the conditional merger rules in January.
The two companies have now been allowed to keep their existing network licenses in accordance with conditions imposed by the CAK including the 900 megahertz (MHz) and 1800 MHz spectrum owned by Telkom.
Further, the Tribunal has lifted the prohibition barring the merged entity from entering into commercial agreements within the first five years including sale agreements but limits the entity from being taken over or floating more than 40% of its stake.
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