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PRACTICE NOTES
CASE HUB ARCHIVED—this archived case hub reflects the position at the date of the decision on 13 February 2024; it is no longer maintained. See further, timeline. Case facts Outline European Commission merger investigation into the proposed acquisition of Asiana Airlines Inc. by Korean Air Lines Co., Ltd (M.10149). The transaction involves horizontal overlaps in the supply of passenger and cargo air transport services. Latest developments On 13 February 2024, the Commission cleared the transaction subject to commitments. The Commission was concerned that the transaction would harm competition in the markets for: (i) air cargo transport services between Europe and South Korea; and (ii) passenger air transport services on routes between Seoul and certain Europe destinations, especially Barcelona, Paris, Frankfurt and Rome.To address the Commission’s concerns, Korean Air offered to: (i) divest Asiana’s global cargo freighter business; and (ii) make available to rival airline T'Way the necessary assets to enable it to start flight operations on the four overlapping routes. Parties • Korean Air Lines Co., Ltd. (Korean Air): Korean Air is headquartered in
PRACTICE NOTES
NOTE—to see whether notification thresholds in Kosovo and throughout the world are met, see further: Where to Notify. 1. Have there been any recent developments regarding the Kosovo merger control regime and are any updates/developments expected in the coming year? Also, are there any other ‘hot’ merger control issues in Kosovo? The Republic of Kosovo (Kosovo) enacted a new Law on Protection of Competition, No. 08/L-056, applicable as of 22 June 2022 (Competition Act 2022). The filing thresholds were amended. A notification is now required where: • the total worldwide turnover of all undertakings concerned exceeds €20 million in the financial year preceding the concentration, and at least one of the undertakings concerned has a local turnover in Kosovo exceeding €1m, or • at least two undertakings have a local turnover in Kosovo exceeding €3m Parallel with the enactment of the Competition Act 2022, new members of the decision-making body of the Kosovo Competition
GLOSSARY
The Korean Trade Investment Promotion Agency
Kr
GLOSSARY
Krypton. A fission product of uranium-235.
NEWS
Law360: An English judge has refused to enforce an arbitral award barring a disgruntled British investor from suing the San Francisco-based operator of the Kraken cryptocurrency exchange in the United Kingdom, ruling that the award violates public policy by giving force to a California choice-of-law clause.
PRACTICE NOTES
CASE HUB ARCHIVED—this archived case hub reflects the position at the date of the withdrawal of the notification on 30 November 2022; it is no longer maintained. See further, timeline. Case facts Outline European Commission merger investigation into the proposed acquisition of Pfleiderer Polska by Kronospan (M.10325). The proposed transaction involves horizontal overlaps in the market for the supply of various types of wood-based panels. Latest developments On 30 November 2022, the Commission announced that it took note of the parties’ decision to abandon the transaction. The abandonment follows the findings of the Commission’s phase II investigation and the failure of Kronospan to submit suitable remedies. Parties • Kronospan:
PRACTICE NOTES
1. What is the applicable legislation? The primary statutes governing foreign investment is Kuwait Direct Investment Promotion Authority Law 116/2013 (FDI Law 2013) and Ministerial Decision 502/2014 on the Issuance of the Executive Regulations Implementing Law 116/2013 on the Promotion of Direct Investment in the State of Kuwait. Aside from these core FDI statutes several other laws may also be relevant depending on the structure of the investment. Primarily these are the Companies Law 1/2016, the Capital Markets Authority Law 7/2010, and the Commercial Agencies Law 13/2016 as well as their executive regulations. Overall, the Kuwaiti FDI regime remains underdeveloped. The regime takes a largely traditional approach to the regulation of foreign investment, focusing on restricting foreigners from engaging or investing in certain activities or imposing increased regulatory requirements on foreign investors. A comprehensive FDI review procedure as exists for example in many EU countries does not exist in Kuwait. There have been some suggestions by the Kuwaiti government and individual authorities that reforms to the Kuwaiti FDI regime are forthcoming.
PRACTICE NOTES
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 most recent amendment of the Kuwaiti merger control regime was the increase of the notification threshold and the implementation of a requirement for Kuwaiti turnover of the target for the combined party turnover threshold effective 5 April 2026 with Decision of the CPA’s Board of Directors 32/2026 of 29 March 2026. Starting in late 2020, Kuwait initiated a comprehensive reform of the country’s merger control regime that entered into force in the second half of 2021. In November 2020, the Kuwaiti legislator issued Law 72/2020 on the Protection of Competition (Competition Law 2020), which—among other changes—shifted the notification threshold of the Kuwaiti merger control regime from a market share to turnover and asset value based thresholds. Further details on the new
NEWS
Law360, London: The children of a Kuwaiti pension authority director lost on 25 November 2025 their application to escape a case the organisation has brought over an alleged US$1bn bribery scheme orchestrated by their father, who died in 2022.
NEWS
Law360, London: A Kuwaiti telecommunications business urged a London appeals court on 14 February 2025 to find that a Saudi prince should not be able to dodge a US$1.2bn arbitration debt, arguing that the royal can validly be served documents in England.
NEWS
Law360: A Kuwaiti diplomat has succeeded in his argument that the employment tribunal did not have jurisdiction to hear an employment claim brought by his employee for forced labour, with the tribunal finding that while the employee’s working conditions violated UK law, they did not amount to servitude.
GLOSSARY
The Kyoto Protocol is an international agreement under which the industrial countries, including the EU Member States, commit themselves to reducing six greenhouse gas emissions in order to tackle climate change.