Application of Rule of Law in Competition Law and Policy: An Analysis of the Delayed Implementation of Competition Law in Kuwait
Dr. Marcia Denny
Assistant Professor – Public International Law – KILAW
Abstract:
Beginning with an analysis of why Kuwait adopted competition law in the first place, this paper will explore some possible reasons for the lack of application and enforcement of the law from 2009 to 2017, and whether or not this lack of enforcement represents a failure in the rule of law.
In addition, the paper will examine whether this delay in enforcement is, in fact, usual in developing countries with new competition law regimes. A gradual development over a period of at least twenty years may be the norm. An examination of factors weighted by experts yields the conclusion that the development of Kuwait’s competition law is right on track.
As a country with one of the highest standards of living in the world, Kuwait’s motivation for the development of competition law, encouraged by the World Trade Organization, appears to be grounded mainly in the desire to diversify its oil-revenue based economy through private market expansion. However, the enactment of law alone is not sufficient to change a government oriented social-economic structure often called rentier. Effecting a change requires that government limit its market involvement and educate the public on the benefits of a culture of competition. The competition authority needs a well-qualified professional staff to assist in this process.