Merger Control in Kuwait: A Data-Driven Analysis
Click this link to the report: Merger Control in Kuwait: A Data-Driven Analysis Report
Publication Date: September 2026
Overview
Merger Control in Kuwait: A Data-Driven Analysis is a comprehensive empirical study examining the evolution and practical application of merger control enforcement in the State of Kuwait.
Drawing on statistical data from the Competition Protection Agency’s (CPA) published annual reports and GLA & Company’s six years of direct experience advising on merger control filings before the CPA, the report provides an evidence-based assessment of how Kuwait’s merger control regime has developed from 2020 through 2026. It maps key trends in filing volumes, approval rates, conditional clearances, review timelines, transaction types, sectoral distribution, and foreign participation, offering a level of analytical depth not previously available in the public domain.
What the Report Covers
The report analyses the CPA’s merger control framework through a structured, data-driven lens, including:
- The exponential growth of filing volumes from a single application per year to over 60 annual Board approvals, and the increasing integration of merger control into transaction planning
- Approval rates, the CPA’s approach to conditional clearances, and landmark precedents such as the DSV/Agility transaction
- The evolution of review timelines and procedural efficiency, including regional comparisons
- Transaction trends, including the dominance of acquisitions at 85.5% of all approved economic concentrations
- The rising role of foreign participation, with 72.6% of approved transactions involving at least one foreign entity
- Sectoral patterns across a diversifying economy aligned with Kuwait’s Vision 2035
- The enforcement landscape, including the CPA’s penalty regime, cross-border coordination, and the landmark Constitutional Court ruling striking down key penalty provisions
- The impact of Board Resolution No. 32 of 2026 on filing thresholds and regulatory practice
Why It Matters
As Kuwait continues to advance its Vision 2035 economic transformation programme and attract significant cross-border investment, merger control has become a central consideration in transaction structuring and execution. With the CPA now processing over 60 approvals annually and demonstrating a willingness to impose meaningful conditions and financial penalties, practitioners can no longer afford to treat Kuwait as a peripheral jurisdiction.
This report is designed to provide in-house counsel, M&A practitioners, investors, and policy professionals with a clear and practical understanding of how the CPA exercises its jurisdiction in practice — not only the legal framework, but the operational realities that shape outcomes.
Authors
Asad Ahmad – Partner and Head of Antitrust & Competition
Khaled Al Makhezeem – Associate
Ahmed Al Buaijan – Associate
Liana Rashid – Trainee Lawyer
Fahad Al Zouman – Trainee Lawyer