BAHRAIN Law and Practice Contributed by: Noor Al Rayes, Bradley Price, Mohamed Al Sari and Raghad Al Matrook, Al Tamimi & Company
closure in subsequent civil proceedings. That said, Article (30) of the Competition Law imposes a general confidentiality obligation on the Authority’s Chairman, Board members and staff, prohibiting disclosure of information, data or documents submitted for the purposes of the Law, subject to limited exceptions such as compliance with a judicial order. Bahrain’s competition regime is still developing a formal leni - ency programme comparable to those found in more mature jurisdictions, and there is no settled practice or case law confirming how leniency materials spe - cifically would be treated if a private claimant sought their production. In the absence of a specific statutory protection, a party seeking to shield leniency or settlement mate - rials from disclosure would need to rely on general principles, such as confidentiality obligations owed to the Competition Authority or arguments that the materials are not sufficiently relevant or material to the claim. This remains an area of legal uncertainty, and prospective immunity applicants should seek spe - cific advice on the risk of follow-on disclosure before engaging with the Competition Authority. The hearing of witnesses in Bahrain is primarily gov - erned by the Law of Evidence in Civil and Commercial Matters (Decree-Law No 14 of 1996, as amended). In civil matters, witness testimony is generally admissible to prove facts where the value of the claim exceeds BHD1,000. In commercial disputes, oral testimony is more broadly accepted. The procedure for hearing witnesses is relatively for - mal and inquisitorial. • A party must apply to the court for permission to call witnesses, specifying the facts they intend to prove. • If the court grants the request, it schedules a hear - ing for an “investigation”. • Witnesses provide oral testimony directly to the judge. Cross-examination as practised in com - mon law jurisdictions is not standard; rather, the 7. Witness and Expert Opinions 7.1 Witness Procedure
judge leads the questioning, and the parties (or their lawyers) may request the judge to ask specific questions. • The witness’s statements are documented in an official court investigation report, which the witness must sign. 7.2 Expert Witness Role and Procedure Given the complex economic nature of antitrust litiga - tion, expert witnesses play a pivotal role in assessing market definition and power, as well as quantifying damages. Recent amendments, particularly Decree- Law No 28 of 2021, have modernised the expert pro - cedure in Bahrain. Experts act as technical advisors to the court. While the judge is not legally bound by the expert’s findings, the court relies heavily on these reports for technical and financial matters. A court can appoint an expert from the Ministry of Jus - tice’s official roster of experts either on its own motion or upon the request of a party. Under the 2021 amend - ments, parties can also mutually agree to appoint an expert before or during the lawsuit. The appointed expert will review documents, hold meetings with both parties, and draft a preliminary report. Parties can submit comments or objections to this draft. The expert then files a final report with the court. The court may summon the expert to a hearing to clarify points in the report or answer further questions from the judge or the parties. 8. Damages 8.1 Damages: Assessment, Passing On and Interest Assessment of Damages Damages in Bahrain are strictly compensatory, gov - erned by the Bahrain Civil Code. The fundamental principle is to restore the claimant to the position they would have been in had the antitrust violation not occurred. Damages cover direct financial loss and
29 A NTITRUST LI T IGATI O N 2026
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