Kuwait Constitutional Court's Strikes Down Fine For Procedural Competition Law Violation

Kuwait's Constitutional Court has once again stepped into the domain of competition law reform, delivering a ruling on 25 June 2025 (published 20 July 2025) that will have lasting implications for businesses and lawmakers alike. In this latest decision the judges declared struct down the provision empowering the Competition Protection Agency (CPA) to sanction persons or entities for failing to comply with their orders. This decision—together with a decision of the court issued earlier this year—dismantled the CPA's authority to fine parties for behavioral antitrust violations and pull into question the CPA's authority to penalize gun-jumping and failure to notify economic concentrations.