GAZETTE NOTICE NO. 1025

PURSUANT to the provisions of section 18 (5) of the Competition Act and in exercise of the powers conferred by section 18 (1) (a) of the Act, the Competition Authority of Kenya intends to carry out a PURSUANT to the provisions of section 25 of the Competition Act, Act, ("the Competition Act"), the Competition Authority of Kenya notifies the public that Wow Beverages Limited has made an application to enter into Exclusive import arrangements with specified international and local manufacturers and suppliers of 'premium' wines and spirits in Kenya. PURSUANT to the agreements, Wow Beverages Limited seeks exemption from the application of Part III A of the Competition Act to certain provisions of the Distribution Agreements which may have effects contemplated in section 21 (3) of the Competition Act. Specifically the applicants seek an exemption to— exclusively import, purchase, promote distribute selling of the manufacturers selected portfolio of products in the Kenyan market; prohibit the manufacturers from appointing any other person as its distributors for the sale of products in the designated Territory-Kenya; or supply, either by itself or through an agent, any of the products to any other person; and prohibit the Supply any of the products to any other person outside the Designated Territory that the manufacturer knows or ought to reasonably know, that such products are intended for onward sale in the Designated Territory. The various international and local manufacturers and suppliers who are parties to the proposed practice are: Gallo Vineyards Inc. trading as E&J Gallow Winery Europe, Vina San Pedro Tarapasca S.A, Felix Solis Avantis S.A, Afrique Interlink (PTY), Interlink (PTY) Limited, Edrington Group Limited and Tradall S.A (Bacardi-Martini Group). The clauses in the agreements will give Wow Beverages Limited a portfolio of two hundred and fourteen (214) wine and spirit brands that they can exclusively import and distribute in the Kenyan Market also known as Designated Territory. The above requirements if not exempted will qualify as contraventions under the Competition Act, hence the application for exemption. All interested parties are required to submit any written representations, if any, with regard to this application within thirty (30) days of the publication of this notice. Submissions may be made through the e-mail address: info@cak.go.ke or hand-delivered between 8.00 am, to 5.00 p.m. during working days or be sent by post to the following address: Competition Authority of Kenya, Railways Headquarters, Block "D" Ground Floor, Haile Selassie Avenue, P.O. Box 36265-00200, Nairobi. Dated the 19th January, 2018. WANG'OMBE KARIUKI, MR!41 03681 Director-General.