Competition Law Executive Regulation

Article 28 — Article (28) Controls Governing Requests for Technical Opinions

Subject to Article (20) of the Decree by Law: 1. Requests made by the Ministry for technical opinions from Concerned Authorities and Sectoral Regulatory Authorities shall be governed by the following controls:     `a. The request shall be issued by the Ministry in writing to the Concerned Authority or Sectoral Regulatory Authority in writing.     b. The request shall include a summary containing the basic information relating to the complaints or procedures associated with the exemption or Economic Concentration transaction forming the subject matter thereof.     c. The request shall specify the practices relating to the complaints or procedures concerning the exemption or Economic Concentration transaction forming the subject matter thereof.     d. The request shall identify the issue in respect of which the opinion of the Concerned Authority or Sectoral Regulatory Authority is sought, in accordance with the powers vested therein.     e. The Ministry shall provide any clarifications requested by the authority to which the request for a technical opinion has been directed.     f. Full confidentiality shall be maintained with respect to requests for technical opinions.     g. All procedures relating to obtaining the technical opinion shall be documented in the records of the Ministry, the Concerned Authority, or the Sectoral Regulatory Authority, as the case may be, including details of the entity from which the opinion was requested, the content of the opinion, and the information provided thereby. 2. The Concerned Authority or Sectoral Regulatory Authority, as the case may be, shall provide the requested technical opinion to the Ministry in accordance with the following controls:     a. The technical opinion shall address each clause in respect of which an opinion is sought pursuant to Clause (1) of Article (20) of the Decree by Law, the Ministry's request, and this Resolution.     b. The technical opinion shall include an explanation of the state of competition in the Relevant Market(s).     c. The technical opinion shall be accompanied by the documents, reports, or statistics relied upon.     d. The technical opinion shall identify the data, information, or reports that must be treated as confidential.

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