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About Mergers and Acquisitions

The Mergers Department enforces Parts IV (Control of Mergers) and V (Control of Unwarranted Concentration of Economic Power) of the Act. It analyses all merger applications and gives recommendations; investigates all mergers that may have been consummated without approvals and gives recommendations; and identifies and analyses unwarranted concentration of economic power.

A merger refers to acquisition of shares, business or other assets whether inside or outside Kenya resulting in change of control of a business, part of business or an asset of a business in Kenya in any manner and includes a takeover.

An exclusion refers to mergers which do not meet the required merger threshold for mandatory notification as contained in the Merger Threshold Guidelines, while a non-merger is an acquisition that includes restructuring or reorganization within a single economic entity or does not result to establishment of control.