ADVOKS GLOBAL · KENYA
The Competition Act (General) Rules, 2019
46. Penalty under section 42 (6) of the Act
Edition: 2019-12-06 · In force
46. Penalty under section 42 (6) of the Act
(1)In determining a penalty pursuant to section 42 (6) of the Act, the Authority shall take into account the following factors-(a)whether the infringement has resulted in anti-competitive effects on any part or substantial part of Kenya;(b)whether the target undertaking was in significant financial distress at the time of the implementation of the merger;(c)whether the undertakings have brought the infringement to the attention of the Authority in a timely manner and cooperated with the Authority during the investigation; and(d)any other relevant considerations.(2)Upon imposition of the penalty, the undertaking shall be required to comply with section 42(2) of the Act and any penalties imposed by the Authority pursuant to provisions of the Act shall be paid within the period prescribed by the Authority and shall attract interest at court rates if they remain unpaid thirty days after the prescribed period.(3)Where appropriate, the Authority may also refer the alleged infringements of the Act to the Office of the Director of Prosecutions.