ADVOKS GLOBAL · KENYA
Competition Act
48. Review of decisions of Authority by Tribunal
Edition: 2022-12-31 · In force
48. Review of decisions of Authority by Tribunal
(1)Not later than thirty days after notice is given by the Authority in the Gazette in terms of section 46(6) of the determination made by the Authority in relation to a proposed merger, a party to the merger may apply to the Tribunal, in the form determined by the Tribunal, for review of the Authority’s decision.(1A)Upon receipt of a written decision from the Authority as contemplated under section 46(6), a party may file an appeal to that decision to the Tribunal.(2)Within thirty days after receiving an application under subsection (1), the Tribunal shall by notice in the Gazette give notice of the application for a review, and invite interested parties to make submissions to the Tribunal in regard to any matter to be reviewed within the time and manner stipulated in the notice.(3)Within four months after the date of the making of an application for a review was made, the Tribunal shall make a determination either—(a)overturning the decision of the Authority;(b)amending the decision of the Authority by ordering restrictions or including conditions;(c)confirming the decision of the Authority; or(d)referring the matter back to the Authority for reconsideration on specified terms.(4)The Tribunal shall—(a)give notice of the determination it has made in relation to the review—(i)to the Authority and to the parties involved in the proposed merger, in writing; and(ii)by notice in the Gazette; and(b)issue written reasons for that determination to the Authority and the parties involved.(5)The Tribunal may determine the procedure for a review in terms of this section.