KUWAIT Law and Practice Contributed by: Alex Saleh, Asad Ahmad, Khaled Al Makhezeem and Liana Rashid, GLA & Company
4.6 Non-Competition Issues There are no formally approved additional considera - tions that the Kuwait CPA may take into account when the considerations fall outside the scope of the Kuwait Competition Law. 4.7 Special Consideration for Joint Ventures There are no other special rules provided for in the Kuwait Competition Law pertaining to joint ventures. 5. Decision: Prohibitions and Remedies 5.1 Authorities’ Ability to Prohibit or Interfere With Transactions The Kuwait CPA has the authority to take corrective actions for violations of the Kuwait Competition Law. 5.2 Parties’ Ability to Negotiate Remedies The Kuwait CPA may, at any stage of the procedures taken against the violator and until a decision is issued by the disciplinary board or a final judgment, offer settlement or accept it according to the tem - plate prepared for this purpose with any person who committed one of the violations stipulated in the law, for the payment of an amount that is not less than the dedicated minimum fine and will not exceed the maximum fine. The Kuwait CPA will determine the period during which the violator should fulfil the settlement condi - tions. Where the settlement is completed, the proce - dures taken against the violator expire. A settlement request may also be submitted by the violator or their legal representative to the Kuwait CPA. The Kuwait CPA will examine the request and assess its value without affecting the rights of the person who is affected by the violation. 5.3 Legal Standard In order to offer or accept a settlement, the following conditions must be met. • No violation decision must have been issued unless a final judgment has been issued for the violation where the violator appeals the disciplinary board decision (in a timely manner).
change in prices or other competitive factors; (c) barriers to entering the relevant market; (d) costs of moving between geographical areas; and (e) customs and administrative restrictions at the local and foreign levels. • The market share of the relevant persons. • Revenues and assets of relevant persons. • Actual or possible competitiveness in the relevant market. • The extent of ease of entry into the relevant mar - ket. • The possible influence on prices of relevant com - modities or services. • The barriers to entry affect new or potential com - petitors. • The possibility that a dominant position in the rel - evant market is created. • The possible influence on creativity, innovation and technological efficiency. • The extent of the impact on investment or export encouragement. • The impact on consumers’ interests. 4.2 Markets Affected by a Transaction At this stage, the regulations do not provide much guidance on this issue. The Kuwait Competition Law provides that the relevant geographical area is the area where the products regarded as interchange - able are substituted. It also provides that the relevant products are those regarded as interchangeable or substitutable in meeting the needs of the recipient of the service or commodity. 4.3 Reliance on Case Law Current regulations do not provide guidance on this issue. However, it is likely that case law will play a relatively small role in influencing the enforcement of
the Kuwait Competition Law. 4.4 Competition Concerns See 4.1 Substantive Test . 4.5 Economic Efficiencies
The Kuwait CPA considers the possible influence of economic efficiencies. However, the extent of this consideration is not apparent.
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