Enforcement Of The Kuwaiti Antitrust And Merger Control Regime

Since the Kuwaiti legislator revised the country's competition law in 2021, the Competition Protection Authority (CPA) issued several fines for behavioral antitrust violations. Furthermore, the CPA continued to develop its enforcement practice expanded its investigation capacities. This let to the CPA in late 2023 for the first time imposing fines for violations of the country's merger control regime. Still, in early 2025 the Kuwaiti Constitutional Court challenged the legality of sanctions imposed under the Kuwaiti Competition Law. This client brief explores recent enforcement activities practiced by the CPA, and the impact of the Constitutional Court's ruling, along with anticipated legislative changes, which underscore the growing emphasis on aligning enforcement practices with constitutional principles.