Page 40 - MOE ENGLISH PR REPORT - JULY 2024
P. 40

Press Release





                   awareness on the significance of cultivating a culture of competition among consumers and
                   private sector, ensuring the sustainability and growth of the national economy for the next 50
                   years.  Furthermore, it highlighted that the new Law will enhance the  UAE's position  in
                   numerous global economic competitiveness indicators. National efforts are currently underway
                   to develop a more agile and sustainable competitive system, including the launch of more
                   pioneering legislation, initiatives, and programs, to be implemented with the ultimate objective
                   of establishing the UAE a global hub for the new economy within the next decade, in line with
                   the objectives outlined in the 'We the UAE 2031' vision.

                     Competition and Economic Concentration

                   The new law defines competition as the act of conducting economic activities based on market
                   mechanisms without affecting or restricting such mechanisms, which  could harm trade,
                   development, and consumer interests. The law clarifies that economic concentration is any act
                   resulting in complete or partial transfer (merger or acquisition) of the ownership or usufruct
                   rights of property, rights, equity, shares or obligations of an establishment to another,
                   empowering the establishment or a group of establishments to directly or indirectly control
                   another establishment or group of establishments.

                   The law specifies a set of conditions to complete economic concentration operations that would
                   affect the level of competition in the relevant market, and in particular create or strengthen a
                   dominant position. The relevant establishments are required to submit an application on the
                   form designated for this purpose to the Ministry of Economy at least 90 days prior to the
                   completion thereof and shall attach the required documents.

                   Pursuant to the new law, there are two conditions that must be satisfied in order to successfully
                   complete the process of economic concentration. The first condition indicates that the total
                   value of annual sales of such establishments in the relevant market, for the last fiscal year, shall
                   exceed the amount determined by the Cabinet,  upon the Minister's proposal. The second
                   condition states that the total share of such establishments shall exceed the percentage of the
                   total transactions in the relevant market during the last fiscal year, as determined by the Cabinet.
                   The Executive Regulation of this law establishes the controls of submitting the application for
                   economic concentration, the documents to be attached, and its examination mechanisms.

                     Responsibilities of Competition Regulation Committee

                   The law assigns new responsibilities to the Competition Regulation Committee as well. These
                   include proposing the general policy for protecting competition in the country and presenting
                   it to the Minister to take necessary actions. The Committee is also responsible for scrutinizing
                   issues related to the application of the provisions of this law and making recommendations
                   thereon to the Minister. Additionally, it will propose legislation and measures for protecting
                   competition in the UAE.
                                                           -Ends-



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