Anti-competitive practices and antitrust violations

The Kuwaiti Competition Protection Law, according to its explanatory note, aims to control market mechanisms, raise the efficiency of their performance, and prevent practices harmful to competition and monopolistic violations, to ensure fair and fair competition in the market, and to achieve protection for consumers by providing a cheap, high-quality good or service.

The law also aims to achieve protection for producers by regulating the formation of large production entities without harmful monopoly practices within the framework of fair legal bases and rules that encourage investments and motivate international companies to invest directly and indirectly in Kuwait, as a result of the existence of a stable market governed by organized mechanisms that contribute to maximizing the expected benefits from the work of markets in Kuwait. Under the mechanisms of economic freedom.

Anti-competitive practices and antitrust violations

The Kuwaiti Competition Protection Law prohibits agreements, contracts, decisions, or practices harmful to free competition, as well as prohibiting natural or legal persons with control of the products market from misusing them according to the following:

  1. Influencing the prices of the products subject of the transaction by raising, decreasing, fixing, fictitious or fictitious transactions, or in any other way in conflict with the market mechanism with the aim of harming other competitors.
  2. Restricting the free flow of products to the markets or their exit from the market, in whole or in part, by concealing them or refraining from dealing in them, or storing them unlawfully, or in any other way.
  3. Creating a sudden abundance of products that leads to trading them at an unreal price that affects the economies of the rest of the competitors.
  4. Preventing or obstructing the exercise of any person’s economic activity in the market or stopping it at any time.
  5. Withholding the products available in the market, in whole or in part, from a specific person, in accordance with the controls set forth in the executive regulations.
  6. Selling products at less than their actual cost with the intent to harm competing producers.
  7. Influencing bids to sell, buy, present or supply products and services, whether in tenders, auctions or supply offers, and such joint offers of applicants shall not be considered.
  8. Putting texts in the conditions of tenders in which the brand or class of goods to be purchased is called.
  9. Total or partial cessation of manufacturing, development, distribution or marketing of goods and services, or placing restrictions or conditions on their provision, in accordance with the controls set forth in the Executive Regulations.
  10. Sharing or allocating product markets on the basis of geographical areas, distribution centers, type of customers, commodities, seasons or time periods with the intent of harming competition.
  11. Suspending the conclusion of a contract or agreement on the condition of accepting obligations that are by nature or under commercial use not related to the place of the original transaction or agreement.
  12. Wasting equal opportunities between competitors by distinguishing each other from others in terms of sale or purchase deals without justification, or by leaking information for the benefit of one competitor over the other.

If you are looking for a Kuwaiti law firm that specializes in providing legal services to the securities, capital and stock market activities, you can count on us at Taqneen, Law Firm and Legal Consultations.

To book an appointment or request legal advice about the duties of securities companies in the optimal implementation of clients’ orders, we are pleased to receive your inquiries at (