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Kuwait Competition Authority (CPA) imposes a hefty fine for failure to make proper filing

July 10, 2023 - Authors : Rosy Rizk (Associate Trainee)

 

On 30 May 2023, the CPA announced that it has fined a company a total amounting to 5% of its total revenues. The company, who runs a booking application platform, had failed to secure CPA’s consent prior to completing the economic concentration process.

Based on CPA Law no. 72 of 2020 and its subsequent resolutions, companies must comply with the CPA regulations if a transaction exceeds the CPA determined thresholds and leads to control, or increased existing control, of the relevant market.

The CPA decision presents a timely reminder that clients need to (i) remain vigilant when conducting business in Kuwait and (ii) seek external lawyers’ advice at the outset to carefully consider the application of the CPA Law and its Executive Regulations.

The CPA Law permits the affected company to file a grievance before the CPA Disciplinary Board, and such decision will be deemed final.

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