Competition Law Executive Regulation

Article 10 — Article (10) Submission of an Application for Approval of an Economic Concentration Transaction

1. The Parties to the Economic Concentration shall submit an application for approval of the Economic Concentration transaction in accordance with the form prepared by the Ministry for this purpose, following coordination with the relevant authorities, accompanied by the following documents:     a. A copy of the memorandum of association or articles of association of the Parties to the Economic Concentration.     b. A copy of the business license of the Parties to the Economic Concentration.     c. A copy of the contract or agreement relating to the Economic Concentration transaction.     d. Audited financial statements for the last three (3) financial years of each of the Parties to the Economic Concentration and their branches.     e. A statement setting out the names of the founders, partners, or shareholders of each of the Parties to the Economic Concentration and the percentage of each person's contribution or shareholding, as the case may be.     f. Identification of the headquarters of the Parties to the Economic Concentration and their branches, if any, together with a statement of their contributions to the capital.     g. A copy of the receipt evidencing payment of the fee for submitting the application for approval of the Economic Concentration transaction.     h. A report concerning the economic dimensions of the Economic Concentration transaction, including:         1. A detailed study of the Relevant Market(s) forming the subject matter of the Economic Concentration transaction covering the last three (3) financial years preceding the date of submission of the application.         2. Identification of all competitors of the Parties to the Economic Concentration, together with the total sales thereof in the Relevant Market(s) within the State and their respective market shares during the last three (3) financial years preceding the application for approval of the Economic Concentration transaction.         3. Identification of the customers of the Parties to the Economic Concentration and the proportion of their dealings therewith within the State.         4. Identification of the markets likely to be affected by the Economic Concentration transaction.         5. Identification of the positive effects of the Economic Concentration transaction on the Relevant Market(s) and any commitments or measures proposed by the concerned Undertakings to mitigate any potential adverse effects, if any.         6. Identification of the extent to which the Economic Concentration transaction may affect the prices, quality, and availability of goods and services to consumers, in a manner ensuring that their choices are not adversely affected and that unfair prices are not imposed upon them.     i. Identification of the potential geographical scope of the activities of the Parties to the Economic Concentration.     j. A list of transactions related to, or having an impact upon, the Economic Concentration transaction, including, by way of example, acquisitions, mergers, or joint ventures completed during the three (3) years preceding the date of submission of the application. 2. The application for approval of the Economic Concentration transaction shall be submitted in Arabic or English in an electronically signed copy by a legal representative acting pursuant to a duly authenticated special power of attorney. 3. The data and documents accompanying the application for the Economic Concentration shall be submitted in their original language in which they were prepared, together with a translation into Arabic or English where such documents have been prepared in another language. 4. Undertakings wishing the data contained in the application for the Economic Concentration and accompanying documents to be treated as confidential information shall mark them as "Confidential" and shall provide non-confidential summaries sufficient to enable an adequate understanding of the content of the confidential information, which shall be marked "Non-Confidential".

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