1. The submission of complaints concerning anti-competitive practices, requests for exemption, or applications for approval of Economic Concentration transactions affecting competition to the Concerned Authority shall be as follows: a. Where a Concerned Authority receives, pursuant to Article (21) of the Decree by Law, any complaint concerning anti-competitive practices, request for exemption, or application for approval of an Economic Concentration transaction affecting competition at the Emirate level, it shall, within a period not exceeding ten (10) working days from the date of receipt thereof, conduct a preliminary assessment to determine whether the matter falls within its jurisdiction, in accordance with the conditions set out in Clause (1) of Article (21) of the Decree by Law. b. If the Concerned Authority determines that the matter does not fall within its jurisdiction due to the absence of the conditions set out in Clause (1) of Article (21) of the Decree by Law, it shall immediately refer the matter, within a period not exceeding fifteen (15) working days from the date of determining that the matter does not fall within its jurisdiction, to the Ministry, accompanied by all relevant documents. The Ministry shall then examine the matter in accordance with the provisions of the Decree by Law and this Resolution. c. If the Concerned Authority determines that the matter falls within its jurisdiction due to the fulfilment of the conditions set out in Clause (1) of Article (21) of the Decree by Law, it shall, within a period not exceeding fifteen (15) working days from the date of determining that the matter does not fall within its jurisdiction, notify the Ministry in writing of its intention to examine the matter and provide the Ministry with a copy of the complaint or application. d. If, upon receipt of the notification referred to in Paragraph (c) of this Clause, the Ministry decides to participate in the examination of the matter in accordance with Clause (2) of Article (21) of the Decree by Law, it shall notify the Concerned Authority of its decision in writing within a period not exceeding ten (10) working days from the date of receipt of the notification. If the Ministry issues such notification within the said period, the Concerned Authority shall cooperate with the Ministry and provide it with all necessary information and documents. Jurisdiction over the matter shall remain vested in the Concerned Authority, subject to the conditions set out in Clause (1) of Article (21) of the Decree by Law. If the Ministry does not notify its decision to participate within that period, the Concerned Authority may proceed to examine the matter independently. e. If, upon receipt of the notification from the Concerned Authority pursuant to Paragraph (c) of this Clause, the Ministry determines that the matter does not fall within the jurisdiction of the Concerned Authority due to the absence of any of the conditions set out in Clause (1) of Article (21) of the Decree by Law, it shall notify the Concerned Authority thereof in writing within a period not exceeding ten (10) working days from the date of receipt of the notification, accompanied by a preliminary assessment establishing that the matter falls within the jurisdiction of the Ministry. f. If the Ministry issues the notification referred to in Paragraph (e) of this Clause within the period referred to therein, the Concerned Authority and the Ministry shall cooperate with each other in order to reach agreement on the authority competent to examine the matter within a period not exceeding twenty (20) working days. If no agreement is reached, the Concerned Authority may proceed with the examination of the matter in cooperation with the Ministry and shall provide it with all necessary information and documents. g. If, during the examination of the matter by the Concerned Authority, it becomes apparent that any of the conditions set out in Clause (1) of Article (21) of the Decree by Law is not satisfied, jurisdiction over the matter shall transfer to the Ministry, and the Concerned Authority may participate in the continued examination of the matter in cooperation with the Ministry. h. For the purposes of Paragraph (b) of Clause (1) of Article (21) of the Decree by Law, the mere fact that the effects of the practice extend beyond the boundaries of the Emirate shall not result in the Concerned Authority losing jurisdiction to examine such practice, where such effect is limited in scale or value, or arises incidentally from transactions related to an Economic Activity whose principal effects are concentrated within the boundaries of the Emirate, and does not result in any material effect on Competition in markets located outside the Emirate. i. The Ministry shall maintain the confidentiality of any information received from the Concerned Authority in accordance with the same confidentiality requirements imposed on the Ministry under this Resolution. 2. The submission of a complaint concerning anti-competitive practices, a request for exemption, or an application for approval of an Economic Concentration transaction affecting competition to the Ministry shall be as follows: a. Where any complaint concerning anti-competitive practices, request for exemption, or application for approval of an Economic Concentration transaction is submitted directly to the Ministry, the Ministry shall, within a period not exceeding ten (10) working days from the date of receipt thereof, conduct a preliminary assessment to determine whether the matter falls within the jurisdiction of a Concerned Authority or a Sectoral Regulatory Authority, in accordance with the conditions set out in Clause (1) of Article (21) and Article (22) of the Decree by Law. b. If the Ministry determines that the matter falls within the jurisdiction of a Concerned Authority or a Sectoral Regulatory Authority, it shall immediately refer the matter, within a period not exceeding fifteen (15) working days from the date on which jurisdiction is determined, to the Concerned Authority or Sectoral Regulatory Authority, accompanied by all relevant documents. The Concerned Authority or Sectoral Regulatory Authority shall then examine the matter in accordance with the provisions of the Decree by Law and this Resolution. c. If the Ministry determines that the matter falls within its direct jurisdiction, it shall immediately notify the complainant or applicant thereof within a period not exceeding fifteen (15) working days from the date of determining that the matter falls within its direct jurisdiction, and shall commence examination of the matter in accordance with the provisions of the Decree by Law and this Resolution. d. In all cases, the Ministry, the Concerned Authority, or the Sectoral Regulatory Authority, as the case may be, shall maintain the confidentiality of the information received in accordance with the confidentiality requirements imposed under this Resolution.
Interpretation and application must be checked against the official text and current version.