Consumer Protection, Competition and Antitrust Practice
Robust Legal Framework
In Kenya, the robust legal framework for consumer protection, competition, and antitrust is anchored in
Article 46 of the Constitution. Key legislation includes the Consumer Protection Act and the Competition
Act, supported by various other laws and common law principles like product liability due to negligence.
Navigating Evolving Legal Landscapes
As rules on consumer protection, competition, and antitrust evolve, companies face new challenges and
risks. Non-compliance can lead to severe consequences such as financial penalties, criminal liability,
litigation, difficulty in closing deals, and reputational damage. At KK WAWERU Advocates LLP, we
understand the interplay between law, economics, and our clients’ commercial strategies. We provide
practical and strategic advice to help our clients achieve their commercial objectives while ensuring
compliance with relevant laws.
Comprehensive Services
Our team has a strong track record in resolving complex competition issues, from merger control and
regulatory investigations to enforcement actions and litigation. We cover the full range of consumer
protection, competition, and antitrust matters, including:
• Authorizations and notifications
• Merger control
• Cartels and anti-competitive agreements
• Abuse of dominance/market power
• Market/sector investigations
• Unconscionable conduct
• Competition and consumer protection litigation
• Judicial reviews and appeals
• Public procurement
• Trade law
Advisory and Compliance
We advise a diverse client base, including large listed companies and privately held firms, on various
consumer protection, competition, and antitrust issues. Our services include:
• Compliance advisory on unconscionable conduct, consumer protection requirements,
distribution arrangements, licensing agreements, agency reviews, merger analysis, litigation risk
assessment, and intellectual property interfaces.
• Strategic advice to board members and senior management on business and policy issues.
• Regulatory advice to legal teams on transactions, dealings with the Competition Authority of
Kenya, and day-to-day compliance.
Market Conduct Counseling
We help businesses navigate the “do’s and don’ts” of competition and antitrust laws, covering
distribution, pricing, information exchanges, and trade association activities. Our services include:
• Legal opinions on compliance matters
• Antitrust compliance programs and training for employees
• Trade-association membership and activities
• Intellectual property settlements and licensing agreements
• Distribution questions and information exchanges
• Exclusive dealing, tying arrangements, and loyalty discounts
• Resale Price Maintenance (RPM) and joint buying/selling operations
Merger and Joint Venture Counseling and Filings
Our merger counseling covers individuals and companies making passive equity investments or exercising
options, requiring notification or consent from the Competition Authority. We also advise on
collaborations and joint ventures, assessing competitive impacts and ensuring compliance.
Market/Sector Investigations and Competition Litigation
Our team handles investigations, enforcement proceedings, and litigation, representing clients before the
Competition Authority of Kenya, the Standards Tribunal, and the Competition Tribunal. We assist with
settlements, civil damages proceedings, criminal investigations, and high-profile inquiries.
For expert legal support in consumer protection, competition, and antitrust matters, contact KK WAWERU
Advocates LLP. Let us help you navigate the complexities of the legal landscape and achieve your business
goals.