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Michelle Kimonye

Senior Associate | Nairobi

Michelle-Karimi-Kimonye

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Contact

T: +254 20 503 1600

Overview

Michelle Kimonye is a senior associate in our Nairobi office and a member of the Corporate/Commercial department. She is admitted as an advocate of the High Court of Kenya and is a member of the Law Society of Kenya. Michelle has an LLB (Hons) degree from the University of Nairobi, a LLM degree from Cardiff University (with a specialization in Competition Law) and a Postgraduate Diploma from the Kenya School of Law.

Michelle specialises in competition law at the firm. She has been involved in advising a wide range of local and foreign clients on the merger control aspects of their local and international transactions, including: issuing opinions and memoranda of advice on merger control in specific jurisdictions including Kenya, Nigeria, Rwanda and Tanzania as well as providing advice on merger control from a regional perspective in East Africa and COMESA. Michelle is regularly involved in the drafting and filing merger notifications to the Competition Authority of Kenya (CAK), the COMESA Competition Commission, the Fair Competition Commission of Tanzania and the Zanzibar Fair Competition Commission.

Michelle is also regularly advising both local and foreign clients on restrictive trade practices in Kenya, COMESA and Tanzania, including issues relating to abuse of dominance, cartel conduct and abuse of buyer power. She has represented and advised clients on dawn raids investigation in Kenya.

Michelle has also been engaged in various legislative reviews, including more recently, the CAK’s new Competition General Rules, 2019, the CAK’s Joint Venture Guidelines and the EAC Competition (Amendment) Bill, 2020.

Experience

Michelle has been involved in a number of high profile merger control matters in the East African region, including:

  • Currently acting as competition law counsel to a public listed company in Kenya with regard to the setting up of joint ventures in Kenya and Uganda with a foreign joint venture partner. This involved making a merger filing for the joint venture to the COMESA Competition Commission.
  • Currently acting as competition law counsel to Allianz SE in relation to its merger with Jubilee Insurance. This involved providing merger control advice and undertaking merger filings to the COMESA Competition Commission, the Fair Competition Commission of Tanzania and the Zanzibar Fair Competition Commission.
  • Has acted for and continues to act as competition law counsel for Coca Cola Beverages Africa Limited in relation to the consolidation of various bottlers in Kenya. This has involved merger filings to the COMESA Competition Commission and the Competition Authority of Kenya.
  • Acted as competition law counsel to London Stock Exchange Group plc (LSE Group) and Refinitiv Holdings Limited (Refinitiv) in relation to the proposed acquisition of control in Refinitiv by LSE Group.
  • Acted as competition law counsel to Bain Capital Investors, LLC in relation to the acquisition of indirect sole control of the companies comprising the Kantar Group, which involved merger filings in COMESA, Tanzania and Nigeria.
  • Competition law counsel to Kenol Kobil Plc in relation to the competition issues surrounding its proposed acquisition of control of Gulf Energy Holdings Limited.
  • Counsel to both the Carlyle Group (and AK Life Sciences Limited (with respect to the acquisition of direct control of AK Life Sciences Limited by the Carlyle Group. The mandate included COMESA, Tanzania and Kenya.
  • Competition law counsel to KCB Group plc relation to acquisition of 100% of the ordinary shares of National Bank of Kenya Limited by KCB Group plc.
  • Was part of the team that successfully defended a leading FMCG producer in Kenya in relation to an alleged consumer protection violation. She has also undertaken similar consumer protection mandates on behalf of a number of other clients.
  • Undertaken and successfully represented a number of clients in respect of alleged violations of the restrictive trade practices provisions of the Kenyan Competition Act including on matters relating to alleged carted conduct.

AREA OF EXPERTISE

Qualifications

  • Advocate of the High Court of Kenya and is a member of the Law Society of Kenya.
  • LLB (Hons) degree from the University of Nairobi.
  • LLM degree from Cardiff University.
  • Postgraduate Diploma from the Kenya School of Law.

INSIGHTS

Overview

Michelle Kimonye is a senior associate in our Nairobi office and a member of the Corporate/Commercial department. She is admitted as an advocate of the High Court of Kenya and is a member of the Law Society of Kenya. Michelle has an LLB (Hons) degree from the University of Nairobi, a LLM degree from Cardiff University (with a specialization in Competition Law) and a Postgraduate Diploma from the Kenya School of Law.

Michelle specialises in competition law at the firm. She has been involved in advising a wide range of local and foreign clients on the merger control aspects of their local and international transactions, including: issuing opinions and memoranda of advice on merger control in specific jurisdictions including Kenya, Nigeria, Rwanda and Tanzania as well as providing advice on merger control from a regional perspective in East Africa and COMESA. Michelle is regularly involved in the drafting and filing merger notifications to the Competition Authority of Kenya (CAK), the COMESA Competition Commission, the Fair Competition Commission of Tanzania and the Zanzibar Fair Competition Commission.

Michelle is also regularly advising both local and foreign clients on restrictive trade practices in Kenya, COMESA and Tanzania, including issues relating to abuse of dominance, cartel conduct and abuse of buyer power. She has represented and advised clients on dawn raids investigation in Kenya.

Michelle has also been engaged in various legislative reviews, including more recently, the CAK’s new Competition General Rules, 2019, the CAK’s Joint Venture Guidelines and the EAC Competition (Amendment) Bill, 2020.

Experience

Michelle has been involved in a number of high profile merger control matters in the East African region, including:

  • Currently acting as competition law counsel to a public listed company in Kenya with regard to the setting up of joint ventures in Kenya and Uganda with a foreign joint venture partner. This involved making a merger filing for the joint venture to the COMESA Competition Commission.
  • Currently acting as competition law counsel to Allianz SE in relation to its merger with Jubilee Insurance. This involved providing merger control advice and undertaking merger filings to the COMESA Competition Commission, the Fair Competition Commission of Tanzania and the Zanzibar Fair Competition Commission.
  • Has acted for and continues to act as competition law counsel for Coca Cola Beverages Africa Limited in relation to the consolidation of various bottlers in Kenya. This has involved merger filings to the COMESA Competition Commission and the Competition Authority of Kenya.
  • Acted as competition law counsel to London Stock Exchange Group plc (LSE Group) and Refinitiv Holdings Limited (Refinitiv) in relation to the proposed acquisition of control in Refinitiv by LSE Group.
  • Acted as competition law counsel to Bain Capital Investors, LLC in relation to the acquisition of indirect sole control of the companies comprising the Kantar Group, which involved merger filings in COMESA, Tanzania and Nigeria.
  • Competition law counsel to Kenol Kobil Plc in relation to the competition issues surrounding its proposed acquisition of control of Gulf Energy Holdings Limited.
  • Counsel to both the Carlyle Group (and AK Life Sciences Limited (with respect to the acquisition of direct control of AK Life Sciences Limited by the Carlyle Group. The mandate included COMESA, Tanzania and Kenya.
  • Competition law counsel to KCB Group plc relation to acquisition of 100% of the ordinary shares of National Bank of Kenya Limited by KCB Group plc.
  • Was part of the team that successfully defended a leading FMCG producer in Kenya in relation to an alleged consumer protection violation. She has also undertaken similar consumer protection mandates on behalf of a number of other clients.
  • Undertaken and successfully represented a number of clients in respect of alleged violations of the restrictive trade practices provisions of the Kenyan Competition Act including on matters relating to alleged carted conduct.

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