Competition in Kuwait is governed by the Competition Protection Law, Law No. 72 of 2020, and the resolutions issued under it by the Competition Protection Agency. The law prohibits restrictive agreements and the abuse of a dominant position, and requires transactions constituting an economic concentration to be cleared before they are implemented. The firm advises on all three.
Merger control applies to any transaction resulting in a change of control, including mergers, acquisitions and joint ventures, and to transactions between foreign parties where the Kuwaiti thresholds are met. Agency Resolution No. 32 of 2026 raised those thresholds with effect from 5 April 2026 and introduced a sales test at the level of the target. We advise on whether a filing is required, prepare and submit the economic concentration application, respond to the Agency's enquiries, negotiate remedies, and coordinate the timetable with filings in other jurisdictions.
On conduct, we advise on distribution, agency, supply and pricing arrangements, exclusivity, territorial restrictions and the exchange of information between competitors. We represent clients under investigation by the Agency and on appeal before the courts, and act for complainants. We also advise bidders on consortium arrangements in public tenders, and prepare competition compliance policies and training for commercial teams.