KUWAIT Law and Practice Contributed by: Alex Saleh, Asad Ahmad, Khaled Al Makhezeem and Liana Rashid, GLA & Company
5. Decision: Prohibitions and Remedies 5.1 Authorities’ Ability to Prohibit or Interfere With Transactions The Kuwait CPA has the authority to take cor - rective actions for violations of the Kuwait Com - petition Law. 5.2 Parties’ Ability to Negotiate Remedies The Kuwait CPA may, at any stage of the pro - cedures 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 template prepared for this pur - pose 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 dur - ing which the violator should fulfil the settlement conditions. Where the settlement is completed, the procedures 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 fol - lowing 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 man - ner). • The value of the settlement must not be less than half of, or greater than, the maximum penalty. 5.4 Negotiating Remedies With Authorities There is no formal initiation point for when par - ties may begin negotiating remedies with the authorities. The Kuwait CPA may propose its own remedy and may also impose other rem - edies it has the authority to even if they have not been agreed to by the parties. 5.5 Conditions and Timing for Divestitures Unfortunately, there are no reliable sources of publicly available information on this issue. 5.6 Issuance of Decisions Formal decisions permitting or prohibiting trans - actions are made publicly available. The deci - sions of the Kuwait CPA are generally published on the CPA’s website. 5.7 Prohibitions and Remedies for Foreign-to-Foreign Transactions Unfortunately, there are no reliable sources of publicly available information on this issue. 6. Ancillary Restraints and Related Transactions 6.1 Clearance Decisions and Separate Notifications Unfortunately, there are no reliable sources of publicly available information on this issue. The Kuwait CPA, in the event it issues a conditional approval, will outline the conditions regarding this.
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