The Competition Act (General) Rules, 2019

12. Calculation of turnover or assets for merger review

Edition: 2019-12-06 · In force

12. Calculation of turnover or assets for merger review

(1)The gross annual turnover or value of assets of an acquiring undertaking shall be calculated by adding either the annual turnover or the value of assets in Kenya of the following—

(a)the undertaking concerned;

(b)its parents undertaking;

(c)its subsidiaries; and

(d)other subsidiaries of its parents not included in (c).

(2)The gross annual turnover or value of assets of a target undertaking shall be calculated by adding, either the annual turnover or the value of assets in Kenya of the undertaking concerned, its subsidiaries or segment of business being acquired.

(3)The parties shall furnish the Authority with details of all their investments in Kenya indicating the particulars of the investments which they control for purposes of enabling the Authority to calculate the relevant turnover or assets of the merging parties.

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Source: Kenya Law