Through a decision issued by the Competition Authority of Kenya (“CAK”) on 8th February 2017, one of the Firm’s clients, a leading cement group, was found not liable to pay any penalty (financial or otherwise) in regards to allegations that it engaged in restrictive trade practices as defined under the Competition Act of Kenya.
The Firm through George Muchiri – a Partner in the Dispute Resolution Department and Samson Mac’Oduol – an Associate in the Commercial Department vigorously opposed the allegations leveled against the client leading to the favourable result.
CAK had alleged that the client, along with other cement manufacturers, had, by virtue of being members of the East Africa Cement Producers Association, Kenya Chapter (“EACPA”), been party to an anti-competitive agreement. It further alleged that the client had been party to the sharing of information, within the auspices of the EACPA and which information distorts competition. Lastly, it had been alleged that the client had utilised the information disseminated to it by EACPA to align its business strategy in a manner which distorts competition.