Competition Law Executive Regulation — articles 1–33

The definitions set forth in Federal Decree by Law No. (36) of 2023 Regarding the Regulation of Competition shall apply to this Resolution. Save as otherwise provided therein, the following expressions shall have the mea…

1. Subject to Article (6) of the Decree by Law, a Dominant Position shall be established through the Undertaking's ability to exercise influence likely to cause harm in the Relevant Market, as follows: a. The existence o…

1. For the purposes of Clause (1) of Article (8) of the Decree by Law, the controls governing the prohibition of offering or applying predatory selling prices to consumers shall be as follows: a. Prices falling below the…

1. For the purposes of Clause (2) of Article (9) of the Decree by Law, Undertakings wishing to obtain an exemption for their Agreements or practices from the application of Articles (5), (6), (7), and (8) of the Decree b…

1. The Ministry, the Concerned Authority, or the Sectoral Regulatory Authority, as the case may be, shall examine the notification as follows: a. Conducting a formal examination of the notification and the documents subm…

1. The Ministry, the Concerned Authority, or the Sectoral Regulatory Authority, as the case may be, shall examine the Agreements or practices that are the subject matter of the application for approval of the grant of an…

1. The concerned Undertakings shall notify the Ministry, the Concerned Authority, or the Sectoral Regulatory Authority, as the case may be, of any proposed amendment to Agreements or practices that have previously been g…

Without prejudice to the provisions of Article (10) of the Decree by Law, approval of a proposed amendment to Agreements or practices in respect of which a decision has been issued by the Minister approving the exemption…

1. The decision issued by the Minister, or the person authorized thereby, concerning an application for exemption of Agreements or practices from the application of Articles (5), (6), (7), and (8) of the Decree by Law sh…

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 coordinatio…

The application for approval of an Economic Concentration transaction pursuant to Article (10) of this Resolution shall be submitted by the Parties to the Economic Concentration depending on the nature of the transaction…

1. A Party to the Economic Concentration that has submitted an application for approval of an Economic Concentration transaction pursuant to Article (11) of this Resolution may, during the initial review period, withdraw…

1. The Ministry, the Concerned Authority, or the Sectoral Regulatory Authority, as the case may be, shall conduct a formal examination of the application for approval of the Economic Concentration transaction and the sup…

1. The Ministry, the Concerned Authority, or the Sectoral Regulatory Authority, as the case may be, may invite the Parties to the Economic Concentration or the Interested Parties in the Economic Concentration to attend m…

Without prejudice to the provisions of Article (13) of the Decree by Law, the period and controls governing the submission of views by Interested Parties in an Economic Concentration transaction shall be as follows: 1. I…

1. Subject to Paragraph (c) of Clause (1) of Article (14) of the Decree by Law, objections to an Economic Concentration transaction shall be governed by the following period and controls: a. An objection application shal…

1. Upon completion of the examination of the application for approval of an Economic Concentration transaction, the Ministry, the Concerned Authority, or the Sectoral Regulatory Authority, as the case may be, shall prepa…

1. The failure of the Parties to the Economic Concentration to submit an application for approval of the Economic Concentration transaction shall not prejudice the right of the Ministry, the Concerned Authority, or the S…

1. Any person having an interest, including consumers and government authorities, shall have the direct right to submit complaints concerning practices that may affect their rights or prejudice their interests. The Minis…

1. A complaint shall be submitted electronically or by any other means specified by the Ministry in coordination with the relevant authorities. It shall be signed by the complainant or by their legal representative actin…

1. The Ministry, the Concerned Authority, or the Sectoral Regulatory Authority, as the case may be, shall examine the complaint as to form within a period not exceeding fifteen (15) working days from the date of receipt …

The complaint shall be closed as follows: 1. The complainant may withdraw the complaint by means of an express and unequivocal declaration to that effect, provided that such withdrawal is submitted in the same manner in …

1. The Ministry, the Concerned Authority, or the Sectoral Regulatory Authority, as the case may be, shall investigate and inquire into the complaint within ninety (90) working days from the date on which the complainant …

1. Based on the investigation procedures, the Ministry, the Concerned Authority, or the Sectoral Regulatory Authority shall prepare a preliminary investigation report concerning the complaint, containing: a. A statement …

1. The Minister, or the authority competent to issue the decision within the Concerned Authority or the Sectoral Regulatory Authority, as the case may be, shall issue a reasoned decision concerning the complaint within f…

1. The Ministry, the Concerned Authority, or the Sectoral Regulatory Authority, as the case may be, may initiate investigation procedures concerning any violation of the provisions of the Decree by Law, this Resolution, …

1. The settlement referred to in Clause (2) of Article (33) of the Decree by Law shall be effected in accordance with the following controls: a. The settlement shall be in writing and signed by the infringing parties. b.…

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 re…

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…

Subject to Article (22) of the Decree by Law and after fulfilment of the conditions set forth therein, Sectoral Regulatory Authorities shall consider anti-competitive practices, related requests for exemption, and applic…

1. The Minister shall issue the decisions necessary for the implementation of the provisions of this Resolution. 2. Without prejudice to Clause (1) of this Article: a. The Committee may issue, on a unified basis, special…

Cabinet Resolution No. (37) of 2014 Regarding the Executive Regulations of Federal Law No. (4) of 2012 Regarding the Regulation of Competition is hereby repealed, as well as any provision that contradicts or conflicts wi…

This Resolution shall be published in the Official Gazette and shall enter into force three (3) months after the date of its publication.