UAE Law and Practice Contributed by: Alex Saleh, Asad Ahmad, Khaled Abu Orabi and Khaled al-Khashab, GLA & Company
GLA & Company 24th Floor Al Sila Tower Abu Dhabi Global Market Square Al Maryah Island Abu Dhabi UAE Tel: +971 54 997 4040 Email: alex.saleh@glaco.com Web: www.glaco.com
1. Legislation and Enforcing Authorities 1.1 Merger Control Legislation Four pieces of legislation should be read together to understand the antitrust and merger control frame - work in the UAE. This legislation significantly interlinks and so it is necessary to read all four pieces together to understand the bigger picture and how to comply with the relevant antitrust and merger control regula - tory requirements. The four pieces of legislation are as follows (and can be collectively referred to as the “UAE Competition Legislation”): • Federal Decree-Law No 36 of 2023 Concerning the Regulation of Competition (the “Competition Law”); • Cabinet Resolution No 59 of 2026 concerning the Executive Regulation of Federal Decree-Law No 36 of 2023 on the Regulation of Competition (the “Competition Regulations”); • Cabinet Resolution No 3 of 2025 Concerning the Percentages Related to the Implementation of the Competition Law (the “Competition Threshold Rules”); • Cabinet Resolution No 105 of 2026 Concerning the Fees Prescribed for the Implementation of Federal Decree-Law No 36 of 2023 Regulating Competition (the “Fees Resolution”); and • Cabinet Resolution No 22 of 2016 on Unified Defi - nition of Small and Medium Enterprises (the “SME Definition Decision”). Cabinet Resolution No 59 of 2026 has now been issued as the Executive Regulation of the Competi -
tion Law. It repeals Cabinet Resolution No 37 of 2014 and enters into force three months after its publication in the Official Gazette. The Competition Law and the Competition Regula - tions regulate merger control, prohibitions on antitrust arrangements and abuses of dominant positions. Abuses of a dominant position include: • predatory pricing; • discriminating among customers without objective justification; • refusal to supply; • limiting production; • failure to satisfy demand; and • tying arrangements. The Competition Law also states that its aim is to protect and enhance competition in the UAE and to combat monopolistic practices through: • providing a stimulating environment for businesses to enhance efficiency, competitiveness and the interest of consumers and to achieve sustainable development in the UAE; and • sustaining a competitive market governed by the market’s mechanisms through the principle of economic freedom by way of banning restrictive agreements, banning businesses and actions that lead to the abuse of a dominant position, control - ling the operations of economic concentrations and avoiding everything that may create prejudice within, limit or prevent competition.
683 CHAMBERS.COM
Powered by FlippingBook