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{
    "id": 121626,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/121626/?format=api",
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    "content": "It goes further in Clause 42 to give provisions for the Authority to set thresholds for mergers that may require authorization. Thresholds will be given in the regulations. It shall be a criminal offence for an undertaking to consummate a merger without authorization. This would attract a five year jail term, or a fine of up to Kshs1 million. The Authority can also impose a penalty in addition to the above. This penalty is due to the reasons that mergers can have a lot of inimical effects on competition. To create predictability and accountability in merger analysis, Clause 44 sets time limit for the Authority to issue a merger authorization order. Clause 45 provides for the Authority to call for a conference to get views on a proposed merger. Clause 46 gives the Authority power to approve or decline to approve or approve with conditions. The clause also sets the criteria for merger determination which shall include lessening of competition, creation of dominance, increases in efficiency. Clause 47 provides for the revocation of mergers authorized on misleading information and to enhance transparency, it is compelled---"
}