ADVOKS GLOBAL · KENYA
Competition Act
52. Orders to dispose of interests
Edition: 2022-12-31 · In force
52. Orders to dispose of interests
(1)After completion of its investigation, the Authority may make an order directing any person whom it deems to hold an unwarranted concentration of economic power in any sector to dispose of such portion of his interests in production, distribution or the supply of services as it deems necessary to remove the unwarranted concentration.(2)In addition to subsection (1), the Authority may order, separately or together with the order to dispose of interests made under that subsection, the person in question to observe such other conditions as may be deemed necessary to remove the unwarranted concentration.(3)A disposal of interest pursuant to an order made under subsection (1) may be accompanied by sale of all or part of a person’s beneficial interest in an enterprise, or by the sale of one or more units in a group or chain of manufacturers or distributors or suppliers of services controlled by the person.(4)No order shall be issued under this section which would have the effect of subdividing a manufacturing facility whose degree of physical integration is such that the introduction of independent management units controlling different components reduces its efficiency and substantially raises production costs per unit of output.(5)An order made under this section shall allow sufficient time, to be determined by the Authority, for orderly disposal of interests or to comply with any conditions imposed by the Authority so as not to cause undue loss of value to the person to whom the order is addressed.