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Deal by Design
Welcome to this edition of Law Update, focusing on the evolving M&A landscape across the MENA region. With deal activity and value continuing to grow, the region is seeing increased investor interest alongside a changing regulatory environment.
This edition explores key legal and market developments affecting M&A transactions, including regulatory reforms, foreign investment, governance, due diligence and deal structuring across the region.
On February 5, Ministerial Resolution No. 58 of 2023 was issued in the Kuwait Gazette regarding pricing of Pharmaceutical Products and Health Supplements (“Resolution 58/2023”).
Resolution 58/2023 stipulates the profit allowed for the sale of medicines, pharmaceutical products and food supplements traded in the State of Kuwait shall not exceed 40% of the import costs to the State of Kuwait whether imported by land, air or sea.
Resolution 58/2023 is effective from 1 April 2023.
Resolution 58/2023 repeals the previous Ministerial Resolution No. 42 for the year 2013 which previously mandated the profit allowed for the sale of medicines, pharmaceutical products and food supplements traded in the State of Kuwait to not exceed 45% of the import costs to the State of Kuwait.
Resolution 58/2023 stipulates that profit ratio shall be distributed equally between the local agent and the pharmacy. This percentage shall include all administrative expenses incurred by each.
We would be delighted to provide more information about this development, or support your entity in adapting to the new regulatory framework. Please let us know if we can assist by contacting healthcare@tamimi.com or by contacting one of the authors of this alert.
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