KUWAIT Law and Practice Contributed by: Alex Saleh, Asad Ahmad, Khaled Al Makhezeem and Liana Rashid, GLA & Company
7. Third-Party Rights, Confidentiality and Cross-Border Co-Operation 7.1 Third-Party Rights During the review process by the Kuwait CPA, a summary of the application is published on the website of the Kuwait CPA and in the official gazette and two local daily Arabic newspapers. Every interested party is entitled to submit a justified objection to the Kuwait CPA against the economic concentration application within 15 days of the date of notice or publication. If an objection is filed, the applicant has 15 days from the date of notice of the objection, to pro - vide its statements and documents in reply to the objection. The review process and timeframe are effectively paused from the time an objection is filed to the time a decision is reached by the Kuwait CPA on the matter. 7.2 Contacting Third Parties During the review process by the Kuwait CPA, a summary of the application is published on the website of the Kuwait CPA as well as in the official gazette and two local daily Arabic news - papers. The Kuwait CPA is also permitted to notify per - sons it considers to be affected by the approval of the economic concentration application. These persons will then have 15 days from the date of being notified, or the date of publication of the summary of the application, whichever is earlier, to lodge any objections they may have. 7.3 Confidentiality The economic concentration applicant may want the data included in the application and the attached documents to be treated as confi - dential. On this basis, they may mark the appli -
cation as “Confidential” and attach a statement in support of keeping the application or its con - tents confidential. In these circumstances, they should provide non-confidential summaries that provide a sufficient understanding of the content of the confidential data and mark these summa - ries as ”Not Confidential”. The Kuwait CPA ultimately determines whether, or to what extent, to hold information contained in an application as confidential in line with con - There is no clear indication of the level or extent of co-operation between the Kuwait CPA and other jurisdictions. However, the Kuwait Com - petition Law is subject to international treaties or agreements entered into by the State of Kuwait (see 1.1 Merger Control Legislation ). Therefore, to the extent a treaty provides for the co-operation by the State of Kuwait with other jurisdictions and to the extent relevant to the Kuwait Competition Law, those conditions will apply. trols set by its board of directors. 7.4 Co-Operation With Other Jurisdictions 8. Appeals and Judicial Review 8.1 Access to Appeal and Judicial Review A final decision by the Kuwait CPA may be appealed through the judicial system in Kuwait by way of a formal writ of summons against the Kuwait CPA. There is a dedicated department within the court system which is devoted to com - plaints filed involving governmental authorities.
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