GLA & Company acted as lead counsel for Boutiqaat Brands in its merger control filing in relation to the acquisition of the trademark “PUFF” from Grey Commercial Company. This significant transaction marks a milestone as the first trademark acquisition to require merger control clearance in Kuwait, successfully obtained by GLA & Co. This merger control precedent was set with careful consideration and substantial dialogue between GLA & Co. and the Kuwait Competition Protection Agency (“CPA”). The trademark being the only asset under the transaction fell within the scope of the competition law. Further, the position of the parties to the economic concentration in the relevant market was also a main element in the CPA’s conclusion that a merger control filing was required. This strategic move underscores Boutiqaat Brands’s intent to diversify and strengthen its portfolio across multiple market sectors, leveraging the acquisition of a trademark registered in the European Union, UAE, KSA, Bahrain, and Kuwait.

Boutiqaat Brands Retail Company, specializing in the sale of perfumes, cosmetics, ornamental soaps, and incense (the “Acquirer”), Established in 2021 by a team deeply committed to delivering high end products that transcend expectations. Through this acquisition, Boutiqaat  Brands aims to introduce a new product to their lineup, leveraging the brand’s popularity in the Kuwaiti market. This strategy not only enhances Boutiqaat Brands’ offerings but also benefits consumers by introducing innovative product categories that cater to diverse customer needs, thereby expanding their customer base.

Grey Commercial Company specializes in the trade of insulated water bottles, ready-to-wear clothing, import and export, and acting as a commission agent. The successful acquisition of the “PUFF” trademark further enhances Boutiqaat Brands’s capabilities to deliver premium products and services across the Middle East, solidifying its position as a leader in the social e-commerce sector.

Alex Saleh, Managing Partner, commented, “We are honoured to have led the legal counsel for Boutiqaat Brands in the acquisition of the ‘PUFF’ trademark from Grey Commercial Company. Our involvement in this groundbreaking transaction, particularly in successfully securing merger control clearance for the first time of a trademark acquisition, demonstrates GLA’s expertise and leading position in the market for providing exceptional legal services. This transaction is a testament to our commitment to delivering top-tier legal counsel to our clients in intricate international business dealings.”

The GLA & Co team was led by Managing Partner Alex Saleh, Head of Anti-Trust & Competition Asad Ahmad, and Associate Khaled Al-Makhezeem, whose combined expertise ensured the smooth execution of this landmark transaction.