Kuwait merger control
Produced in partnership with Alexander and Partner
Kuwait merger control

The following Competition practice note produced in partnership with Alexander and Partner provides comprehensive and up to date legal information covering:

  • Kuwait merger control
  • 1. Have there been any recent developments regarding the Kuwaiti merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Kuwait?
  • 2. Under Kuwaiti merger control law, is the control test the same as the EU concept of ‘decisive influence’? If not, how does it differ and what is the position in relation to 'minority shareholdings'?
  • 3. Are joint ventures caught by the national merger control provisions (including non-structural, cooperative joint ventures)?
  • 4. What are the merger control thresholds and would a purely foreign-to-foreign transaction be caught (commenting on any ‘effects’ doctrine/policy if relevant)?
  • 5. Are there any specific issues parties should be aware of when compiling and calculating the relevant turnover for applying the jurisdictional thresholds?
  • 6. Where the jurisdictional thresholds are met, is notification mandatory and must closing be suspended pending clearance?
  • 7. Is there any discretion to review transactions that fall below the notification thresholds?
  • 8. Is it possible to close the deal globally prior to local clearance?
  • 9. Is there a deadline for filing a notifiable transaction and what is the timetable thereafter for review by the Authority for the Protection of Competition?
  • More...

Kuwait merger control

A conversation with Nicolas Bremer, partner at regional law firm Alexander & Partner Rechtsanwaelte, on key issues on merger control in Kuwait.

NOTE–to see whether notification thresholds in Kuwait and throughout the world are met, see Where to Notify.

1. Have there been any recent developments regarding the Kuwaiti merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Kuwait?

The Kuwaiti merger control regime remains rudimentary to date. Calculation of thresholds, procedures and other matters are regulated rather generally. Moreover, little clarification has been offered by the relevant regulator, the Authority for the Protection of Competition (also referred to as the Competition Protection Council). As in other member countries of the Gulf Cooperation Council (GCC), with the exception of Saudi Arabia, the Kuwaiti competition authority does not consistently publish its decisions.

Following a region-wide trend, the Kuwaiti legislator significantly amended the corporate law regime of the Emirate in 2016. At the centre of this effort was the new Kuwaiti Commercial Companies Law, Law 1/2016, which replaced the existing corporate law statutes. Furthermore, 2016 saw some amendments of the Kuwaiti Capital Markets Law, Law 7/2010 as well as new executive regulations to the Capital Market Law being passed. These new laws and amendments, however, have had little to no impact on the Kuwait’s merger control regime.

Regulations pertaining

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