Kuwait

Basic Provisions

Law No. 10/2007 (Protection of Competition)

Authority: Competition Protection Agency | Enforcement: partial

Overview

Kuwait enacted its Competition Protection Law in 2007, establishing the Competition Protection Agency. The law prohibits anti-competitive agreements, abuse of dominant position, and contains provisions on economic concentration. Implementing regulations were issued in 2012. Enforcement has been limited, with very few publicly reported decisions or investigations. The Competition Protection Agency operates within the Ministry of Commerce and Industry and has focused primarily on market monitoring and complaint handling. Kuwait does not have a formal merger notification system, and the leniency and settlement frameworks remain undeveloped.

14-Topic Competition Coverage

Competition Authority

Fully Addressed

The Competition Protection Agency operates under the Ministry of Commerce and Industry with investigation and advisory powers.

Anti-Competitive Agreements (Horizontal)

Fully Addressed

Horizontal agreements that restrict competition are prohibited, including price-fixing, output limitation, and market allocation.

Anti-Competitive Agreements (Vertical)

Fully Addressed

Vertical agreements restricting competition are prohibited, including exclusive dealing and territorial restrictions.

Abuse of Dominance

Fully Addressed

Abuse of a dominant position is prohibited, covering pricing abuses, refusal to supply, and discriminatory practices.

Merger Control

Partially Addressed

The law contains provisions on economic concentration but no mandatory pre-merger notification system has been implemented.

Leniency Programme

Not Addressed

No formal leniency programme exists.

Settlement & Commitment

Not Addressed

No formal settlement or commitment mechanism established.

Penalties & Sanctions

Fully Addressed

Fines of up to KWD 100,000 for anti-competitive conduct. Imprisonment may apply for serious violations.

Digital Markets Regulation

Not Addressed

No specific digital markets regulation.

Sector Regulators

Partially Addressed

The Communication and Information Technology Regulatory Authority (CITRA) exercises competition-related oversight in telecoms.

Dawn Raids & Investigations

Partially Addressed

The Agency may investigate complaints and collect evidence, but on-site inspection powers are limited.

Private Enforcement

Partially Addressed

Injured parties may seek damages through the courts, but private competition claims are extremely rare.

International Cooperation

Partially Addressed

Kuwait participates in GCC economic cooperation. No bilateral competition cooperation agreements reported.