KUWAIT Law and Practice Contributed by: Alex Saleh, Asad Ahmad, Khaled Al Makhezeem and Liana Rashid, GLA & Company
related to expertise and practical skills, cost assess - ment methods, production secrets and processes, supply sources, types of commodities produced and sold, market shares, customer and distributor lists, marketing plans, pricing and cost structures and sales strategies. To request confidential treatment, applicants must submit a request using the form prepared by the Kuwait CPA, specifying the information for which confidentiality is sought, providing two copies (one containing the confidential information and the other with such information redacted) and submitting a comprehensive explanation of the reasons justifying the request along with an explanation of the poten - tial harm that may be suffered if the information is accessed or disclosed. If a person submits informa - tion without attaching a confidentiality request, they are deemed to have no objection to the disclosure of such information for the purposes for which it was provided. The executive director of the Kuwait CPA assesses confidentiality requests on a case-by-case basis, tak - ing into account the following criteria: • the significance and value of the information in determining whether there has been a violation; • whether the information is known to a limited num- ber of persons; • whether it can be derived from publicly available sources; • and the period during which disclosure would harm the interests of the affected party. If the executive director approves the request, the confidential version is kept in a special file that is dis - closed only to the members of the team examining the matter, while the non-confidential version is kept in the case file. If the executive director considers a confidentiality request unjustified or that disclosure of the informa - tion is necessary, the concerned person must be noti - fied in writing of the reasons and granted 15 days to submit arguments in support of confidentiality. If no arguments are submitted within that period, the Kuwait CPA may deem the requesting party to have no
objection to disclosure. Where arguments are submit - ted and deemed sufficient, the executive director may review the decision and approve the confidentiality request. The executive director may also review a con - fidentiality decision at any time until the completion of the examination of the matter and if the information is no longer deemed confidential, the same notification and response procedures apply. 7.4 Co-Operation With Other Jurisdictions There is no clear indication of the level or extent of co- operation between the Kuwait CPA and other jurisdic - tions. However, the Kuwait Competition Law is subject to international treaties or agreements entered into by the State of Kuwait (see 1.1 Merger Control Legisla- tion ). Therefore, to the extent a treaty provides for the co- operation by the State of Kuwait with other jurisdic - tions and to the extent relevant to the Kuwait Compe - tition Law, those conditions will apply. 8. Appeals and Judicial Review 8.1 Access to Appeal and Judicial Review A final decision by the Kuwait CPA may be appealed in Kuwait’s judicial system by way of a formal writ of summons against the CPA. There is a dedicated department within the court system devoted to com - plaints filed against governmental authorities. 8.2 Typical Timeline for Appeals The timeframe for a case filed against a governmental authority varies on a case-by-case basis. However, it may last more than one year in the court system. 8.3 Ability of Third Parties to Appeal Clearance Decisions Assuming a third party raised a proper objection dur - ing the review phase of an application, the decision of the Kuwait CPA may be appealed by that third party. However, it is highly unlikely that the appeal will pause the review process.
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