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Competition Law
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Competition law, commonly referred to as antitrust law, constitutes a body of legal principles and regulations aimed at fostering equitable competition in markets and thwarting any business conduct that may lead to a lack of competitiveness. The primary objective of competition law is to safeguard consumers, encourage economic efficiency, and forestall the establishment of monopolies that have the potential to inflict damage upon the economy.
In Kenya, the implementation and enforcement of competition law is performed through regulatory entities, most notably the Competition Authority. Any breach of the provisions of competition law may attract monetary sanctions, penal sanctions, or even criminal sanctions. In addition to serving as legal representation for clients facing criminal charges, our Firm also possesses the capability to uphold and protect these rights through the means of private actions, specifically civil lawsuits pursued by individuals or entities that have suffered damages as a result of anti-competitive practices.
Further, our firm is equipped with the expertise to handles:
- Anti-competitive agreements: This pertains to contracts established among multiple parties in the corporate world, prescribing curbs on market rivalry, incorporating activities like market segregation, price manipulation, and solicitation fraud.
- Abuse of dominance: This refers to situations where a single business holds a dominant position in a market and uses its power to restrict competition, such as charging excessive prices, limiting supply, or engaging in predatory pricing.
- Mergers and acquisitions: The concept pertain to the amalgamation of two or more commercial entities or the acquisition of one commercial entity by another, which may lead to a potential decrease in market competition.
Competition law offers a range of merits such as stimulating innovation, facilitating cost reductions, augmenting availability of products to consumers, and fostering fair competition among business entities. Competition law plays a significant role in promoting competitive and open markets, thereby engendering more efficient and dynamic economies through the prevention of anti-competitive practices.
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Intellectual Property (IP) is described as the creation of the mind. Intellectual Property Rights (IPR) bestow upon the inventor/creator or their assignee a solitary right to completely employ their invention/creation for a specified duration. It is widely acknowledged that IP assumes a pivotal function in contemporary economics.
The significance of intellectual labor in innovation has been firmly established, as it constitutes a crucial factor in ensuring that public benefit is derived from such endeavors. The realm of research and development (R&D) has witnessed a substantial surge in costs, accompanied by a corresponding increase in the required investments for commercializing a novel technology.
Although all doctrines of IP are intangible, IP has acquired the same attributes as tangible property. Most forms of IP can be registered, sold, leased, transferred, licensed and used as security. Further to the foregoing, Kenyan law requires that all forms of IP regardless of their place of registration to be recorded with the Government.
In IP registration, we aid in: Conducting searches to ascertain the credibility of the applications; drafting specifications, lodge applications; give clarity on any issues that arise from the applications; advise and defend clients on issues relating to registration or protection of IPR; and commercialization of IP. Further, we advise and litigate on trade secrets and traditional Knowledge. The Firm also advises on Collective Management Organizations in Copyright and undertakes Recordation of IP.
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Corporate law is a legal area that presides over the conception and functioning of companies. This pertains to the fields of contract and commercial law. In conformity with state regulations, a corporation represents a commercial enterprise structured as a legal entity. The regulation of the establishment, structure, and cessation of corporations is governed by varying legislations across distinct jurisdictions. A corporation is a legal construct that exists as a separate entity from its shareholders, possessing the capacity to engage in contractual relationships, institute legal proceedings, and undertake other operations necessary for the maintenance of a commercial enterprise such as: Sole Proprietorships, Companies, and Partnerships. Religious bodies, local churches, and Non-Governmental Organizations.
Mvera, Nyanje & Mambo Advocates LLP (MN&M) has an elaborate division in authority for: actualizing or guide in the: registration of corporate bodies; Management of the corporate bodies; and dissolution of the same. In the management of corporate entities, the Firm conducts legal audits to confirm compliance of the entities with the laws in place. The essence of the legal audit is to avoid criminal liability and increase the chances of winning any legal suit to 98%.
Further, the Firm undertakes:
- Corporate governance - the monitoring and regulation of a company's management activities;
- Mergers and acquisitions - the strategic pursuit of one company to merge with or acquire another company.
- Private equity - the process through which investors seek to invest in privately owned companies. This approach is typically preferred by investors who aspire to provide funding for early-stage businesses or gain control of established firms that are not publicly traded.
- Securities - which serve to prevent activities such as fraudulent practices and insider trading.
- Venture capital - collaborating with investors seeking to procure funding for nascent, emerging enterprises.
In commercial transactions, the firm has extensive experience in: conducting due diligence; drafting; executing; editing; perusing and advising on: Purchase & Sale Agreements; Non-Disclosure & Confidentiality Agreements; Capital Equipment Purchase and Leases; Commercial Security Agreements; Commercial Property Leases; Construction Contracts; Consulting Agreements; Distribution, Dealer, and Sales Representative Agreements; Employment Agreements; Guaranties for Financing; Inter-Creditor, Subordination and other Banking and Lending Agreements; Joint Venture Agreements; Loan Agreements; Mortgages, Liens, Deeds and Easements; Security Agreements/Instruments; and Shareholder Agreements among others.
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