competition authority of kenya leniency application form

COMPETITION AUTHORITY OF KENYA
LENIENCY APPLICATION FORM
PART I
INFORMATION ABOUT THE PARTIES
1. Name of the applicant
2. Registration number
3. Address:
a. Postal address of applicant
b. Physical address
c.
Telephone number
d. fax number
e. email address
4. Contact person(s) in the undertaking and position(s) held
a. Postal address of applicant
b. Physical address
c.
Telephone number
d. fax number
e. email address
5. Legal representative
a. Postal address of applicant
b. Physical address
c.
Telephone number
d. fax number
e. email address
6.
Details of the parties to the agreement(s)
a. Postal address of applicant
b. Physical address
c.
Telephone number
d. fax number
e. email address
PART II: Details of the Conduct
7.
Description of the type of infringement (e.g. price fixing, market allocation,
bid rigging)
8.
Provide details of the affected market (s) in terms of the products and
geographic scope
9.
During which period of time did the infringement take place
10.
a. Indicate whether or not you still participate in the agreement
b. If no, provide the reasons why and when you stopped participation in
the prohibited agreement and provide the evidence necessary to prove
such.
11.
Indicate other undertakings involved in the infringement (name, legal form
and address of the undertakings). Clearly identify the ring leader(s),
coercer(s), and initiator(s) of the infringement.
12.
Provide the method of contact with other operators (e.g. email, telephone,
fax, etc.) to discuss issues related to the prohibited agreement.
13.
Provide the number of gatherings of those participating in the prohibited
agreement (e.g…. times all from…………to…………).
14.
Indicate the competition authorities to which you have applied for leniency
or where you plan to apply for leniency.
PART II
NATURE OF THE MARKET(S)
15.
For each of the main products or services covered by the conduct, indicate:
a.
any close substitutes or complementary products available on the
market in Kenya and;
b. the products supplied by the parties to the conduct.
16.
Indicate the market shares (nationally and/or regionally) for each of the
parties in each of the products or services supplied in Kenya.
17.
Indicate the latest estimated market shares (nationally and/or regionally) of
competing suppliers/manufacturers in Kenya that are not part of the
conduct.
18.
Provide estimates of imports into Kenya, if any, in each of the products or
services affected by the agreement.
a.
List the five largest customers of the parties in each affected market
in Kenya.
b. State the name, address, fax, telephone numbers of the contact
person for each of the large customers indicated above.
DECLARATION
I, the undersigned declare that, as a participant to the aforesaid prohibited agreement,
to the best of my knowledge the information given in this application is true, correct
and complete. I hereby pledge to cooperate in good faith until conclusion of the
matter.
Name:
Position:
Signature
Date:
Stamp