On 29 March 2026, the Board of the Kuwait Competition Protection Agency (CPA) issued Decision 33/2026, establishing a comprehensive formal framework governing confidential treatment of information submitted to the CPA in competition proceedings. The Decision applies to information on all parties—including parties to the relevant activities or transactions, complainants, and affected third parties—that provide information to the CPA, and introduces defined procedures for requesting, assessing, and maintaining confidential information. With this Decision the CPA for the first time introduced a formal regulation for treatment of confidential information. One key aspect parties engaging with the CPA must be aware of and consider going forward, is that not all information provided to the CPA will by default be treated as confidential and must be explicitly labeled as confidential by the party submitting it as confidential to benefit from confidentiality protection.
