GAZETTE NOTICE NO. 9389

PURSUANT to the provisions of section 26 of the Competition Act, 2010, and following the application notice vide Gazette Notice Vol. CXXII —No. 34 No. 1400 dated the 21st February, 2020, it is notified for general information that the Authority has granted an exemption with respect to: (a) Clauses 3.1, 3.2, 6.2 (a) and 18.1 (d) on exclusive dealing among the members of the Association for a period of five (5) years; (b) Clause (C) (c), 6.2 (h) and 18.1 (b) on the agreement on terms of trade to increase their LPG cylinder population by at least 10,000 LPG cylinders per year per depot and to pay monthly contribution towards the Wajiko brand for a period of five (5) years; and (c) Clauses (C) (c) and 11 on information sharing related to only members' requirement to increase their LPG cylinders population by at least 10,000 LPG cylinders per year for each depot, for a period of five (5) years. (d) However, sharing of all other forms of commercially sensitive information including pricing, margins, volumes, input costs, capacity in the market, any specific information about customers, current or future product development plans, and proprietary information including trade secrets, knowhow, technological innovation and other intellectual property will be prohibited. (e) The exemption on the above clauses is granted on condition that Energy Dealers Association provides an annual report to the Authority indicating: (i) The level of growth of the cylinder population of members against the minimum 10,000 annual target set by the Association; (ii) Total membership highlighting new entrants and those which have exited the association; and (iii) The members' compliance level with the safety requirements. The Authority reserves the right to revoke the exemption if the above conditions are not complied with. Dated the I lth August, 2021. WANG'OMBE KARIUKI, MR/1770/159 Director-General.