Cabinet Resolution Regarding the Executive Regulations of Federal Decree by Law Regarding the Regulation of Competition

Article 1 — Definitions ¶

The definitions set forth in Federal Decree by Law No. (36) of 2023 Regarding the Regulation of Competition apply. Additional defined terms: Decree by Law; Parties to the Economic Concentration; Interested Parties to the Economic Concentration.

Article 2 — Controls for Determining the Ability of a Dominant Position to Exercise Influence Likely ¶

1. Subject to Article (6) of the Decree by Law, a Dominant Position shall be established through the... [preview truncated]

Article 3 — Controls Governing the Prohibition of Offering or Applying Predatory Prices ¶

1. For the purposes of Clause (1) of Article (8) of the Decree by Law, the controls governing the pr... [preview truncated]

Article 4 — Documents and Controls Relating to Exemption Notifications ¶

1. For the purposes of Clause (2) of Article (9) of the Decree by Law, Undertakings wishing to obtai... [preview truncated]

Article 5 — Examination of the Exemption Notification ¶

1. The Ministry, the Concerned Authority, or the Sectoral Regulatory Authority, as the case may be, ... [preview truncated]

Article 6 — Consideration of the Application for the Grant of an Exemption in Respect of Agreements ¶

1. The Ministry, the Concerned Authority, or the Sectoral Regulatory Authority, as the case may be, ... [preview truncated]

Article (7) Controls Governing the Notification and Examination of Proposed Amendments to Previously [Exempted Agreements]
1. The concerned Undertakings shall notify the Ministry, the Concerned Authority, or the Sectoral Re... [preview truncated]

Article 8 — Controls Governing the Minister's Decisions Concerning Amendments to Exempted Agreements ¶

Without prejudice to the provisions of Article (10) of the Decree by Law, approval of a proposed ame... [preview truncated]

Article 9 — Controls Governing the Duration of the Exemption and Periodic Review Procedures ¶

1. The decision issued by the Minister, or the person authorized thereby, concerning an application ... [preview truncated]

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 Economi... [preview truncated]

Article (11) Parties Responsible for Submitting an Application for Approval of an Economic Concentration
The application for approval of an Economic Concentration transaction pursuant to Article (10) of th... [preview truncated]

Article 12 — Withdrawal of an Application for Approval of an Economic Concentration Transaction ¶

1. A Party to the Economic Concentration that has submitted an application for approval of an Econom... [preview truncated]

Article 13 — Mechanisms for Examining an Economic Concentration Application ¶

1. The Ministry, the Concerned Authority, or the Sectoral Regulatory Authority, as the case may be, ... [preview truncated]

Article 14 — Verification Procedures in Respect of an Economic Concentration Transaction ¶

1. The Ministry, the Concerned Authority, or the Sectoral Regulatory Authority, as the case may be, ... [preview truncated]

Article (15) Period and Controls Governing the Submission of Views by Interested Parties in an Economic Concentration
Without prejudice to the provisions of Article (13) of the Decree by Law, the period and controls go... [preview truncated]

Article 16 — Period and Controls Governing Objections to an Economic Concentration Transaction ¶

1. Subject to Paragraph (c) of Clause (1) of Article (14) of the Decree by Law, objections to an Eco... [preview truncated]

Article 17 — Report on the Application for Approval of an Economic Concentration Transaction ¶

1. Upon completion of the examination of the application for approval of an Economic Concentration t... [preview truncated]

Article 18 — Monitoring of Economic Concentration Transactions ¶

1. The failure of the Parties to the Economic Concentration to submit an application for approval of... [preview truncated]

Article 19 — Content of a Complaint Concerning a Violation of the Provisions of the Decree by Law ¶

1. Any person having an interest, including consumers and government authorities, shall have the dir... [preview truncated]

Article 20 — Controls Governing the Submission of Complaints ¶

1. A complaint shall be submitted electronically or by any other means specified by the Ministry in ... [preview truncated]

Article 21 — Examination of the Complaint ¶

1. The Ministry, the Concerned Authority, or the Sectoral Regulatory Authority, as the case may be, ... [preview truncated]

Article 22 — Closure of the Complaint ¶

The complaint shall be closed as follows: 1. The complainant may withdraw the complaint by means of ... [preview truncated]

Article 23 — Investigation Procedures in Respect of the Complaint ¶

1. The Ministry, the Concerned Authority, or the Sectoral Regulatory Authority, as the case may be, ... [preview truncated]

Article 24 — Investigation Report Concerning the Complaint ¶

1. Based on the investigation procedures, the Ministry, the Concerned Authority, or the Sectoral Reg... [preview truncated]

Article 25 — Minister's Decision Concerning the Complaint ¶

1. The Minister, or the authority competent to issue the decision within the Concerned Authority or ... [preview truncated]

Article 26 — Reporting and Ex Officio Investigation ¶

1. The Ministry, the Concerned Authority, or the Sectoral Regulatory Authority, as the case may be, ... [preview truncated]

Article 27 — Settlement ¶

1. The settlement referred to in Clause (2) of Article (33) of the Decree by Law shall be effected i... [preview truncated]

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 opinion... [preview truncated]

Article (29) Controls and Procedures Governing the Consideration by Concerned Authorities of Anti-Competitive Practices
1. The submission of complaints concerning anti-competitive practices, requests for exemption, or ap... [preview truncated]

Article (30) Controls Governing the Consideration by Sectoral Regulatory Authorities of Anti-Competitive Practices
Subject to Article (22) of the Decree by Law and after fulfilment of the conditions set forth therei... [preview truncated]

Article 31 — Implementing Decisions and Sector-Specific Regulations ¶

1. The Minister shall issue the decisions necessary for the implementation of the provisions of this... [preview truncated]

Article 32 — Repeals ¶

Cabinet Resolution No. (37) of 2014 Regarding the Executive Regulations of Federal Law No. (4) of 20... [preview truncated]

Article 33 — Publication and Entry into Force ¶

This Resolution shall be published in the Official Gazette and shall enter into force three (3) mont... [preview truncated]

Translated in cooperation with