BAHRAIN Law and Practice Contributed by: Noor Al Rayes, Bradley Price, Mohamed Al Sari and Raghad Al Matrook, Al Tamimi & Company
loss of profit, provided the latter is a direct and certain consequence of the violation. Exemplary or Punitive Damages Exemplary or punitive damages are explicitly pro - hibited under Bahraini law. The court will only award proven compensatory damages. Passing-On Defence See 2.5 Pass-On Defence for a discussion of the availability of the “passing-on” defence and the allo - cation of the burden of proof. Interest on Damages Under Bahraini commercial law, courts can award pre-judgment and post-judgment interest on dam - ages. Unless agreed otherwise by the parties in a contract, the statutory commercial interest rate is typically applied. Interest generally accrues from the date the final judicial claim for a specific amount is made, though the court has discretion to determine the exact start date. Under Article 160 of the Bahrain Civil Code, if multiple parties are responsible for a single tortious act caus - ing injury, they are jointly and severally liable to make reparation. The claimant can seek to recover the full amount of damages from any one of the co-infringers. Immunity Applicants Bahrain’s Competition Law (Law No 31 of 2018) does not currently contain a specific statutory provision that limits the civil liability of successful immunity or leni - ency applicants. Therefore, under general civil princi - ples, a leniency applicant who assists the Competition Authority could theoretically still face joint and several liability for the entirety of the civil damages, although the regulatory fines imposed by the Authority may be 9. Liability and Contribution 9.1 Joint and Several Liability Joint and Several Liability
pays the full amount of damages to the claimant, that defendant is entitled to exercise a right of recourse against the remaining co-infringers. The court will apportion the internal liability among the co-defend - ants based on their respective degree of fault or their share in the anti-competitive conduct. Where the degree of fault of each co-defendant cannot be dis - tinguished, the court will divide the burden equally among them.
10. Other Remedies 10.1 Injunctions
To halt ongoing anti-competitive behaviour, claimants can seek interim injunctive relief under the Civil and Commercial Procedures Law. Applicants must dem - onstrate a “good arguable case” and an urgent need to prevent imminent, irreparable harm. In cases of extreme urgency, such as the potential destruction of evidence or dissipation of assets, injunctions can be granted ex parte (without notice). Securing a without-notice injunction imposes a strict duty of full and frank disclosure on the applicant, requiring them to present all material facts, includ - ing those adverse to their position. These injunctions can be issued swiftly – often within 24 to 48 hours – but carry significant financial risks. Courts routinely require the applicant to provide a financial guaran - tee or a cross-undertaking in damages, ensuring the respondent is compensated if the substantive anti - trust claim ultimately fails. 10.2 Alternative Dispute Resolution Alternative Dispute Resolution (ADR) methods, includ - ing arbitration, mediation and conciliation, are widely available and actively encouraged in Bahrain. The Kingdom has cultivated a sophisticated ADR frame - work, highlighted by the adoption of the UNCITRAL Model Law through its Arbitration Law (Law No 9 of 2015) and modernised mediation regulations such as Decree-Law No 22 of 2019 on Mediation for Dispute Settlement. The primary forum for resolving complex commercial conflicts outside traditional civil courts is the Bahrain Chamber for Dispute Resolution (BCDR). These legal frameworks and specialised institutions provide robust procedures for resolving disputes effi -
waived or reduced. 9.2 Contribution
Bahraini law provides a legal basis for contribution among jointly liable parties. Where one co-infringer
30 A NTITRUST LI T IGATI O N 2026
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