Page 539 - MOE ENGLISH PR REPORT - JULY 2024
P. 539

7/15/24, 3:23 PM  Ministry of Economy reviews new Competition Regulation law and its role in developing regulatory & legislative frameworks to prom…
        own  initiative,  thus  addressing  such  practices  in  cooperation  with  relevant  authorities  and  providing
        recommendations to the Minister of Economy on decisions to be taken in this regard.

        The  Ministry  reiterated  its  unwavering  commitment  to  working  alongside  its  partners  from  both  the  public  and

        private sectors to achieve these goals. Its primary objective is to foster a competitive market in the UAE that is built
        upon  principles  of  fairness,  equality,  and  efficiency.  These  include  the  expansion  of  activities  across  various
        economic sectors in order to improve the overall business environment within the country. Moreover, the Ministry
        aims to raise 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.


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