Economic Concentration Notification Process
Overview
This Practice Note provides an overview of the economic concentration notification process in Kuwait, from scoping and threshold assessment through filing, review, publication and clearance.
Definitions
CPA: Competition Protection Agency, the regulator responsible for enforcing Kuwait Law No. 72/2020 On the Protection of Competition.
Economic concentration: A lasting change in control in the relevant market, arising from a merger, acquisition, or the establishment of a joint venture between two or more persons that carry on an economic activity independently on a lasting basis, as defined in Kuwait Law No. 72/2020.
Practical Guidance
Overview of Kuwait Law No. 72/2020
The Competition Protection Agency (CPA) serves as Kuwait’s competition regulator, overseeing compliance with Kuwait Law No. 72/2020 and Kuwait Decision No. 14/2021 Concerning the Issue of Executive Regulation of Kuwait Law No. 72/2020 Concerning Protection of Competition. An economic concentration is defined therein as a merger of two or more persons, the acquisition of direct or indirect control over another person, or a joint venture resulting in a lasting change of control over an undertaking, including the transfer of assets, property rights, usufructs, shares, or liabilities.