UAE Law and Practice Contributed by: Alex Saleh, Asad Ahmad, Khaled Abu Orabi and Khaled al-Khashab, GLA & Company
concentration on the general balance of the relevant market and the proper functioning of its mechanisms according to free competition principles. The authority may also hold meetings with the par - ties or interested parties, document those meetings in minutes, conduct field research and inspect records and electronic files where verification is required. After completing the study, the authority prepares a report on the economic concentration. The report will include: • a statement of all facts and procedures taken in relation to the application; • a statement identifying the relevant parties, their branches and subsidiaries; • the main objective of the economic concentration and a study of the relevant market or markets; and • a legal and economic analysis, an assessment of the positive or negative effects on competition and a recommended decision. The report is submitted to the Minister or competent decision-maker within ten days of its completion. In any event, the Competition Law timeframe should still be read together with these procedural steps. Fail - ure to issue a resolution within the statutory period is deemed a rejection of the economic concentration operation. The timeframe starts once all necessary documents and information are provided and no fur - ther engagement is required for the authority to be able to prepare the report. 3.8 Pre-Notification Discussions With Authorities Cabinet Resolution No 59 of 2026 does not introduce a formal pre-notification consultation process equiva - lent to those available in some other jurisdictions. However, the Regulations do contemplate engage - ment with the Ministry, the competent authority or the relevant sectoral regulatory body during the review process. This may include requests for informa - tion, meetings with the parties or interested parties, requests for technical opinions and the publication of basic information about the economic concentration for interested-party comments or objections.
Accordingly, any publication of basic information on the authority’s website and any subsequent views or objections submitted by interested parties, should be treated as part of the post-filing review process rather than as a pre-notification mechanism. 3.9 Requests for Information During the Review Process There is no regulatory limitation or threshold on the number of requests that the authority may make during its review of the documents and information required for reviewing the notification. The authority may request additional documents when the filing materials are incomplete or insufficient and may request necessary data, information and docu - ments from the parties and interested parties during monitoring and evaluation. The statutory review timeline should therefore be managed around completeness of the filing and the authority’s information requests. There is no clarity on how common or burdensome some of these requests could be. However, in prac - tice, it is highly likely that it is reasonable and essential to assess the notification adequately and accurately. 3.10 Accelerated Procedure There is no short-form, fast-track or other accelerated procedure for reviewing the notification. The process applies to any and all “economic concentration” trans - actions. When determining whether the notification should be approved, the Competition Department will consider the following under the substantive test. • Actual and potential competition in the “relevant market”. • New “undertakings′” ease of access to the “rel - evant market”. • The extent of the potential impact on prices of relevant commodities or services. 4. Substance of the Review 4.1 Substantive Test
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