Highlights of the Kuwaiti Competition Protection Law
The freedom to compete: . Between the legislative goals and the executive bylaw. The general principle of the law is protecting the free competition. The aforementioned Law has stated the following general principle:
“The freedom to engage in commercial activity is guaranteed to everyone in which does not lead to restricting, preventing, or harming free competition, all in accordance with the provisions of the law” (Article 03 /Law).
Therefore, it is the duty of the state to protect the market from unfair practices, not only by those which represent a monopoly that prevents competition, but also practices that restrict or harm the competition itself.
On the 30th of June 2021, the Chairman of the Board of Directors (in charge of the Competition Protection Agency) issued Resolution No. 4/2021 and its Executive bylaw regarding the Competition Protection Law.
Was this executive bylaw regulated within the framework of the general law standards? Or did the regulation surpass the general law standards? And does it contain deficit gaps which would have effects on the competition protection?
The abovementioned law was governed by the vision of the executive bylaw according to the assessment of the competition protection Agency, but this assessment may not always be right or disciplined within the framework of the real legislative goal. Some important and essential points regulated by the executive bylaw are either rules referred to by the law or new detailed rules.
-Misuse of Dominant Position (a sample of the new detailed rules provided by the Executive Bylaw).
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