The Mergers and Acquisitions Department enforces Parts IV (Control of Mergers) and V (Control of Unwarranted Concentration of Economic Power) of the Act.

Specifically, the Department analyzes notified merger applications and, either, approves the transaction with or without conditions or rejects it.

The Department also investigates all mergers that may have been implemented without the Authority’s approval and gives recommendations, and identifies and analyses unwarranted concentration of economic power.

There are two types of notifications that the Authority receives; Mergers and Exclusions.

A merger refers to acquisition of shares, business or other assets whether inside or outside Kenya resulting in change of control of a business, part of business or an asset of a business in Kenya in any manner and includes a takeover.

An exclusion refers to mergers which do not meet the required merger threshold for mandatory notification as contained in the Merger Threshold Guidelines.

The Authority also offers advisory opinions in instances where parties are unsure of their actions.