Antitrust Litigation 2026 Comparisons

Legislative framework

Private antitrust litigation in the Kingdom of Bahrain is primarily governed by Law No (31) of 2018 with respect to the Promotion and Protection of Competition (the “Competition Law”), which came into force on 1 January 2019. Before its enactment, competition issues were addressed through general provisions of the Commercial Code, Civil Code and consumer protection legislation.

The Competition Law establishes Bahrain’s competition regime by prohibiting:

• anti-competitive agreements and concerted practices, Article (3);
• abuse of a dominant market position, Articles (8) and (9); and
• economic concentrations requiring prior approval where statutory thresholds are met, Articles (11)–(15).

The Law also establishes the Authority for Promotion and Protection of Competition (Competition Authority), which will investigate suspected infringements, review merger notifications and issues administrative decisions. Those decisions may be appealed before the Appeal Tribunal, with a further appeal on points of law to the Court of Cassation.

Private damages claims are brought before the civil courts under the general rules of civil liability, as recognised by Article (52) of the Competition Law. As a result, Bahrain operates predominantly as a follow-on private enforcement regime rather than permitting fully stand-alone antitrust actions. See 2.1 Statutory Basis for further detail on the statutory basis for private claims, the elements a claimant must prove and the admissibility requirements under Article (52)(2).

Bahrain does not currently provide for class actions or collective redress in competition cases, so claims are generally brought on an individual basis.

Overview of significant private antitrust cases

Since the Competition Law came into force in 2019, there has been very limited reported private antitrust litigation in Bahrain. Competition enforcement has largely been driven by the Competition Authority through merger control and administrative investigations, rather than private damages actions. Consequently, there are no landmark reported private antitrust cases that have significantly shaped Bahraini competition jurisprudence. The limited case law reflects the relatively recent introduction of the Competition Law, the developing enforcement practice of the Competition Authority, and the continued preference for regulatory enforcement over private litigation.

Since the introduction of the Competition Law in 2019, Bahrain has continued to develop its institutional competition framework, particularly through the implementation of merger control procedures and the ongoing activities of the Competition Authority. The Ministry of Industry and Commerce has also expanded guidance and administrative services relating to competition compliance and enforcement.

However, there have been no major legislative amendments fundamentally altering the framework for private antitrust litigation, nor have there been any reported landmark court decisions establishing significant precedent for private competition damages claims.

Statutory Basis

Private antitrust claims in Bahrain are based on the general principles of civil liability under the Civil Code, as expressly incorporated by Article (52)(1) of the Competition Law, together with the substantive prohibitions as set out in 1.1 Current Framework for Private Antitrust Litigation.

There is no separate statutory regime for private antitrust enforcement. Instead, claimants bring civil damages claims under Bahrain’s general tort principles for losses arising from infringements of the Competition Law.

Under Article (52)(2), private damages claims for these core infringements are only admissible once the Competition Authority, the Appeal Tribunal or the Court of Cassation has established the infringement, or where the Authority has failed to respond to a complaint or appeal within one year. Accordingly, Bahrain operates predominantly as a follow-on private enforcement regime rather than permitting fully stand-alone claims.

Types of Claims

The principal private remedy is a claim for damages, requiring the claimant to establish actual loss, causation and the amount of recoverable damages. In appropriate cases, claimants may also seek interim or injunctive relief from the civil courts to restrain ongoing anti-competitive conduct pending the resolution of the substantive claim.

As the civil courts are bound by the Competition Authority’s (or appellate body’s) finding that an infringement has occurred under Article (52)(2), private proceedings typically focus on proving loss, causation and quantum of damages, rather than re-litigating the underlying competition law infringement.

Bahrain does not operate a specialised competition court or tribunal for private antitrust disputes. Civil damages claims arising from anti-competitive conduct are brought before the ordinary civil courts in accordance with the general rules of jurisdiction under Bahrain’s Civil and Commercial Procedures Law, based principally on the value of the claim and the domicile of the defendant.

At first instance, private damages claims are typically heard by the High Civil Court, with a right of appeal to the Court of Appeal and a more limited right of recourse to the Court of Cassation on points of law. Separately, any resolution of the Authority, including a resolution establishing an infringement, may be challenged before the Appeal Tribunal established under Article (25) of the Competition Law, a specialised tribunal composed of judges of the Civil High Court of Appeal, with a final right of appeal to the Court of Cassation. Because a favourable Authority resolution, or the outcome of any challenge to it before the Appeal Tribunal or Court of Cassation, is a precondition to the admissibility of a private damages claim (see 2.1 Statutory Basis), the administrative appeal route and the civil damages claim are procedurally linked rather than fully independent.

Decisions of the Competition Authority carry more than persuasive weight in private litigation. Under Article (52)(2) of the Competition Law, a civil court hearing a private damages claim for breach of Article (3)(1), Article (9)(1) or Article (12)(1) is required to adopt the Authority’s resolution as to whether a violation was committed, unless that resolution has since been amended or revoked by the Appeal Tribunal established under Article (25), or, on further appeal, the Court of Cassation. The court’s role is therefore generally confined to assessing loss, causation and quantum, rather than re-litigating the question of infringement itself.

This gives the Authority a central, quasi-binding role in the civil enforcement process, notwithstanding that the Competition Law does not grant it any formal right to intervene or file observations directly in the civil proceedings. A claimant is accordingly dependent on first obtaining a favourable resolution from the Authority, or a ruling from the Appeal Tribunal or Court of Cassation, before its civil claim becomes admissible.

Decisions of foreign competition authorities have no binding, presumptive or admissibility effect before Bahraini courts, in contrast to the effect given to Authority resolutions under Article (52)(2). They may, at most, be introduced as persuasive comparative material or expert evidence, but a Bahraini court will not treat a foreign infringement finding as determinative of, or as a substitute for, an Authority resolution under the Competition Law.

As explained in 2.3 Impact of Competition Authorities, because the civil court is required to adopt the Competition Authority’s (or Appeal Tribunal’s) finding on whether a violation occurred, the claimant’s burden of proof in a private damages claim is, in practice, generally confined to establishing that it suffered actual loss and that a causal link exists between the established violation and that loss, together with the quantum of recoverable damages. This differs from an ordinary tort claim, where the claimant would additionally have to prove the underlying wrongful act itself.

The Competition Law does not otherwise create statutory presumptions of loss, causation, or quantum in the claimant’s favour, and there is no reversal of the burden of proof on those elements. The applicable standard of proof on loss, causation and quantum is the ordinary civil standard, requiring the court to be satisfied on the balance of the evidence presented, rather than the higher standard applicable in criminal or administrative sanction proceedings.

The Competition Law does not expressly legislate for a “pass-on” defence, and there is no reported Bahraini case law addressing the concept. In the absence of a bespoke statutory regime, any pass-on argument would need to be framed by reference to the general Civil Code principles governing the assessment and quantification of damage, as incorporated by Article (52)(1) of the Competition Law, in particular the requirement that a claimant show it has suffered actual, recoverable loss.

On that basis, a defendant seeking to argue that an overcharge was passed on by the claimant to its own customers, thereby reducing or eliminating the claimant’s recoverable loss, would bear the burden of proving that passing-on, consistent with the general principle that a party raising a substantive defence must prove the facts on which it relies. This remains an untested area of Bahraini law.

Private antitrust damages claims in Bahrain are subject to the general limitation rules applicable to tortious/extra-contractual liability claims under the Civil Code, rather than to any bespoke limitation regime under the Competition Law. Under those general rules, a claim for damages arising from a wrongful act is generally time-barred three years from the date on which the claimant became aware of the damage and of the identity of the person liable, subject to an absolute long-stop limitation period of 15 years from the date of the wrongful act, irrespective of the claimant’s knowledge.

The Competition Law does not contain provisions suspending or extending the limitation period while a Competition Authority investigation or administrative appeal is ongoing. Accordingly, a prospective claimant contemplating a follow-on claim should not assume that limitation is tolled during the Authority’s investigative or enforcement process, and should take care to protect its position, including by issuing proceedings if necessary, before the general limitation period expires.

This general limitation period also interacts with the admissibility requirement under Article (52)(2) of the Competition Law (see 2.1 Statutory Basis for the statutory conditions governing admissibility). Prospective claimants should therefore lodge a complaint with the Authority, or pursue any available administrative appeal, sufficiently early to ensure that admissibility is established well before the general limitation period expires on the underlying civil claim.

There is limited empirical data on the duration of private antitrust litigation in Bahrain, given the small number of reported cases to date. Based on the typical timeline for civil litigation of comparable complexity, a private antitrust claim can be expected to take approximately two to three years to reach a first-instance judgment before the High Civil Court, depending on the complexity of the economic and factual issues involved, the volume of evidence, and the court’s caseload.

Where either party exercises its right of appeal – first to the Court of Appeal and, on points of law, to the Court of Cassation – the overall timeline is likely to extend meaningfully, potentially to four years or more before a case reaches final resolution. This is likely to be compounded by the relative novelty of Bahrain’s competition regime, and the corresponding limited familiarity of the courts and practitioners with the underlying economic evidence typical of antitrust cases.

The Competition Law does not provide a statutory basis for class or collective actions, and Bahrain’s civil procedure rules do not recognise a representative or class action mechanism comparable to those available in some other jurisdictions. There is no certification procedure, representative claimant regime, or mechanism for aggregating the claims of multiple unrelated claimants into a single proceeding.

Accordingly, parties affected by the same anti-competitive conduct – whether competitors, direct customers or consumers – must generally bring individual claims. In practice, however, multiple claimants may seek to consolidate related claims into joint proceedings where the underlying facts and legal issues are sufficiently connected, subject to the court’s discretion. Article (31) of the Competition Law also reflects this individual approach by permitting “anyone having a legitimate interest” to lodge a complaint with the Competition Authority, rather than establishing any representative or collective complaint mechanism.

As explained in 4.1 Statutory Basis, Bahrain does not have a class or collective action regime, so the concepts of opting in or opting out have no direct application. Each affected party must independently decide whether to pursue its own claim, and there is no procedural mechanism by which a claimant can bind, or be bound by, the litigation decisions of other similarly affected parties.

The Competition Law does not expressly distinguish between direct and indirect purchasers for the purposes of standing to bring a private damages claim. General civil law principles apply, meaning that any party – whether a direct counterparty to the infringing conduct or an indirect purchaser further down the supply chain – may in principle bring a claim, provided it can establish that it suffered actual loss and that the loss was caused by the infringement.

In practice, an indirect purchaser is likely to face a more difficult evidentiary burden in establishing the necessary causal link between the infringement and its own loss, given the absence of a direct contractual relationship with the infringing party and the additional step of tracing the overcharge through the supply chain. There is no reported Bahraini case law addressing this issue, so the practical treatment of indirect purchaser claims remains untested.

Given the absence of a class or collective action regime (see 4.1 Statutory Basis), there is no class certification procedure under Bahraini law. Claims proceed as individual civil actions, subject to the ordinary rules on standing, evidence and procedure applicable to civil claims generally, rather than any threshold certification stage designed to test the suitability of a matter for collective treatment.

Jurisdiction over private antitrust claims is determined in accordance with Bahrain’s general civil procedure rules. As a general principle, the Bahraini courts have jurisdiction where the defendant is domiciled in Bahrain, or where the anti-competitive conduct, or its effects, occurred within Bahraini territory. Where the underlying agreement between the parties contains a valid jurisdiction or arbitration clause, that clause will generally be respected, subject to Bahraini public policy considerations and the mandatory application of the Competition Law where relevant conduct affects the Bahraini market.

As to applicable law, claims alleging infringement of the Competition Law are governed by Bahraini law. Article (2) of the Competition Law expressly extends its application to conduct or arrangements intended to, or resulting in, anti-competitive effects within the Kingdom, even where one or more of the parties is not established in Bahrain and the conduct itself is carried out extraterritorially, provided it affects competition in the Kingdom. Ancillary contractual or tortious issues arising in connection with the claim will generally also be governed by Bahraini law, unless the parties have validly agreed to a different governing law in a manner consistent with Bahrain’s conflict of laws rules and public policy.

Bahrain does not have a broad, common-law style discovery procedure. Document disclosure in civil proceedings, including private antitrust claims, is instead governed by the general rules of the Civil and Commercial Procedures Law, under which each party is generally responsible for producing the evidence supporting its own case, rather than being subject to an automatic, wide-ranging obligation to disclose all relevant documents to the other side.

A party may, however, apply to the court for an order compelling the opposing party, or in some cases a third party, to produce specific, identified documents that are relevant to the proceedings. The court retains discretion over whether to grant such an application, and the requesting party must generally demonstrate the relevance of the documents sought and their materiality to the issues in dispute. This more targeted approach means that claimants in antitrust cases often need to build their evidentiary case through other means, such as expert economic analysis, before or alongside seeking targeted document production. This is distinct from the more extensive investigatory powers available to the Authority itself during a regulatory investigation, including the power to compel production of documents from third parties under Article (43) of the Competition Law, which are not directly available to a private litigant.

Legal professional privilege is recognised under Bahraini law through the confidentiality obligations imposed on lawyers under the laws regulating the legal profession. Communications between a client and its external legal counsel for the purpose of obtaining legal advice are generally protected from compelled disclosure in civil proceedings, including private antitrust litigation.

The scope of protection for in-house counsel communications and for documents prepared in anticipation of litigation is less developed than in many common law jurisdictions, and there is limited judicial guidance on the application of privilege in the competition law context. Accordingly, parties should adopt a cautious approach when creating, handling and labelling documents that are intended to be privileged, particularly where in-house legal or compliance teams are involved.

The Competition Law does not contain express provisions protecting leniency applications or settlement agreements with the Competition Authority from disclosure in subsequent civil proceedings. That said, Article (30) of the Competition Law imposes a general confidentiality obligation on the Authority’s Chairman, Board members and staff, prohibiting disclosure of information, data or documents submitted for the purposes of the Law, subject to limited exceptions such as compliance with a judicial order. Bahrain’s competition regime is still developing a formal leniency programme comparable to those found in more mature jurisdictions, and there is no settled practice or case law confirming how leniency materials specifically would be treated if a private claimant sought their production.

In the absence of a specific statutory protection, a party seeking to shield leniency or settlement materials from disclosure would need to rely on general principles, such as confidentiality obligations owed to the Competition Authority or arguments that the materials are not sufficiently relevant or material to the claim. This remains an area of legal uncertainty, and prospective immunity applicants should seek specific advice on the risk of follow-on disclosure before engaging with the Competition Authority.

The hearing of witnesses in Bahrain is primarily governed by the Law of Evidence in Civil and Commercial Matters (Decree-Law No 14 of 1996, as amended). In civil matters, witness testimony is generally admissible to prove facts where the value of the claim exceeds BHD1,000. In commercial disputes, oral testimony is more broadly accepted.

The procedure for hearing witnesses is relatively formal and inquisitorial.

• A party must apply to the court for permission to call witnesses, specifying the facts they intend to prove.
• If the court grants the request, it schedules a hearing for an “investigation”.
• Witnesses provide oral testimony directly to the judge. Cross-examination as practised in common law jurisdictions is not standard; rather, the judge leads the questioning, and the parties (or their lawyers) may request the judge to ask specific questions.
• The witness's statements are documented in an official court investigation report, which the witness must sign.

Given the complex economic nature of antitrust litigation, expert witnesses play a pivotal role in assessing market definition and power, as well as quantifying damages. Recent amendments, particularly Decree-Law No 28 of 2021, have modernised the expert procedure in Bahrain.

Experts act as technical advisors to the court. While the judge is not legally bound by the expert’s findings, the court relies heavily on these reports for technical and financial matters.

A court can appoint an expert from the Ministry of Justice’s official roster of experts either on its own motion or upon the request of a party. Under the 2021 amendments, parties can also mutually agree to appoint an expert before or during the lawsuit.

The appointed expert will review documents, hold meetings with both parties, and draft a preliminary report. Parties can submit comments or objections to this draft.

The expert then files a final report with the court. The court may summon the expert to a hearing to clarify points in the report or answer further questions from the judge or the parties.

Assessment of Damages

Damages in Bahrain are strictly compensatory, governed by the Bahrain Civil Code. The fundamental principle is to restore the claimant to the position they would have been in had the antitrust violation not occurred. Damages cover direct financial loss and loss of profit, provided the latter is a direct and certain consequence of the violation.

Exemplary or Punitive Damages

Exemplary or punitive damages are explicitly prohibited under Bahraini law. The court will only award proven compensatory damages.

Passing-On Defence

See 2.5 Pass-On Defence for a discussion of the availability of the “passing-on” defence and the allocation of the burden of proof.

Interest on Damages

Under Bahraini commercial law, courts can award pre-judgment and post-judgment interest on damages. Unless agreed otherwise by the parties in a contract, the statutory commercial interest rate is typically applied. Interest generally accrues from the date the final judicial claim for a specific amount is made, though the court has discretion to determine the exact start date.

Joint and Several Liability

Under Article 160 of the Bahrain Civil Code, if multiple parties are responsible for a single tortious act causing injury, they are jointly and severally liable to make reparation. The claimant can seek to recover the full amount of damages from any one of the co-infringers.

Immunity Applicants

Bahrain’s Competition Law (Law No 31 of 2018) does not currently contain a specific statutory provision that limits the civil liability of successful immunity or leniency applicants. Therefore, under general civil principles, a leniency applicant who assists the Competition Authority could theoretically still face joint and several liability for the entirety of the civil damages, although the regulatory fines imposed by the Authority may be waived or reduced.

Bahraini law provides a legal basis for contribution among jointly liable parties. Where one co-infringer pays the full amount of damages to the claimant, that defendant is entitled to exercise a right of recourse against the remaining co-infringers. The court will apportion the internal liability among the co-defendants based on their respective degree of fault or their share in the anti-competitive conduct. Where the degree of fault of each co-defendant cannot be distinguished, the court will divide the burden equally among them.

To halt ongoing anti-competitive behaviour, claimants can seek interim injunctive relief under the Civil and Commercial Procedures Law. Applicants must demonstrate a “good arguable case” and an urgent need to prevent imminent, irreparable harm. In cases of extreme urgency, such as the potential destruction of evidence or dissipation of assets, injunctions can be granted ex parte (without notice).

Securing a without-notice injunction imposes a strict duty of full and frank disclosure on the applicant, requiring them to present all material facts, including those adverse to their position. These injunctions can be issued swiftly – often within 24 to 48 hours – but carry significant financial risks. Courts routinely require the applicant to provide a financial guarantee or a cross-undertaking in damages, ensuring the respondent is compensated if the substantive antitrust claim ultimately fails.

Alternative Dispute Resolution (ADR) methods, including arbitration, mediation and conciliation, are widely available and actively encouraged in Bahrain. The Kingdom has cultivated a sophisticated ADR framework, highlighted by the adoption of the UNCITRAL Model Law through its Arbitration Law (Law No 9 of 2015) and modernised mediation regulations such as Decree-Law No 22 of 2019 on Mediation for Dispute Settlement. The primary forum for resolving complex commercial conflicts outside traditional civil courts is the Bahrain Chamber for Dispute Resolution (BCDR). These legal frameworks and specialised institutions provide robust procedures for resolving disputes efficiently, making ADR a highly attractive route for businesses seeking flexibility, neutrality and confidentiality in antitrust and competition-related matters.

While ADR is fundamentally rooted in party consent and is broadly voluntary for standard private antitrust claims, there are specific circumstances where alternative dispute mechanisms operate under a mandatory framework. Most notably, the BCDR exercises mandatory jurisdiction over certain high-value commercial disputes where the claim exceeds USD1.3 million (approximately BHD500,000) and involves licensed financial institutions or specific commercial companies. If a private antitrust damages claim falls within these precise financial and corporate thresholds, the dispute is automatically channelled through the BCDR’s specialised tribunal process rather than the general civil courts.

Third-party litigation funding is gaining traction in Bahrain’s legal market. Because it is not explicitly prohibited by statute, funding arrangements are governed by the general principles of freedom of contract. Provided the agreement does not violate public policy or breach professional conduct rules for lawyers, funders can finance complex antitrust claims.

Regarding litigation costs, the standard rule applies: the losing party pays the costs of the successful party. However, these awards are highly restrictive. Courts typically order the payment of official court fees, expert expenses, and a statutorily fixed, nominal amount for attorney’s fees, stopping well short of covering a party’s actual indemnity costs. To protect defendants against impecunious or foreign claimants with no local assets, the court can grant an order for security for costs, usually satisfied via a cash deposit into the court treasury or an unconditional local bank guarantee.

In Bahrain, the general rule is that costs follow the event, meaning that the unsuccessful party may be ordered to pay the costs of the proceedings. The court has discretion in determining the costs to be awarded, having regard to the circumstances of the case and the applicable rules on court fees and expenses. The successful party should not, however, assume that all legal fees incurred will automatically be recoverable.

A party may apply to the court for security for costs, although such orders are relatively uncommon in ordinary court proceedings and are discretionary. The court may order security where there is a genuine risk that the applicant would be unable to recover costs if successful – for example, where the opposing party is insolvent, has no assets in Bahrain, is resident abroad or there are other circumstances indicating a real risk of non-payment. The existence of third-party funding, by itself, would not ordinarily be sufficient.

The amount and form of security are determined by the court on a case-by-case basis, generally by reference to the costs that are reasonably likely to be recoverable rather than the full value of the claim. In practice, security may be provided by a cash deposit, bank guarantee or another form of security acceptable to the court. The court will determine the amount and the method of provision, and the order may require the security to be paid or lodged within a specified period.

Bahrain offers a robust, multi-tiered appeals process for private antitrust claims. Judgments from the Court of First Instance can be appealed to the Court of Appeal, which conducts a comprehensive de novo review of both the factual merits – including expert economic evidence – and the legal arguments.

The final avenue for recourse is the Court of Cassation, the Kingdom’s highest judicial authority. It is important to note that the Court of Cassation operates strictly as a court of law; it does not re-evaluate witness credibility or factual economic data. Its sole mandate is to determine whether the lower courts misapplied statutes like the Competition Law, misinterpreted legal doctrines, or committed severe procedural errors.

As Bahrain’s competition law framework continues to develop, several trends may shape the future antitrust litigation landscape. First, the continued development of the institutional framework for competition enforcement – including the operationalisation of the Competition Authority and the development of enforcement and appeals practice – is likely to increase regulatory activity and may, over time, provide a stronger basis for follow-on private claims arising from established competition law infringements.

Second, as Bahrain’s digital economy develops, competition issues involving digital platforms, e-commerce and technology businesses may receive increasing attention. Potential areas of focus could include platform access, data-related competitive advantages, exclusionary conduct and algorithmic pricing, although the extent to which these issues will generate litigation in Bahrain remains to be seen. More generally, as the market develops, litigation may expand beyond traditional horizontal restraints and distribution practices to more complex allegations involving abuse of dominance and other forms of exclusionary conduct in concentrated sectors.

Finally, the cross-border dimension of competition enforcement may become increasingly important where conduct occurring outside Bahrain has effects on competition within the Bahraini market. In such cases, foreign regulatory decisions may become relevant evidence in local regulatory or civil proceedings, although the legal effect of any foreign decision would need to be assessed under Bahraini law and would not automatically establish liability before the Bahraini courts.