UAE Law and Practice Contributed by: Amir Alkhaja, Gerry Rogers, Daria Selivanova and Danila Kriuchkov, Habib Al Mulla & Partners
Abuse of Economic Dependence This new provision addresses conduct by under - takings that exploit a counterparty’s lack of alternatives in marketing or supply. Prohibited actions mirror those in dominant position abuse: price imposition, discrimination, exclusive deal - ing, unjustified refusals, tying, limiting produc - tion, etc. A standalone offence occurs where a party sets prices significantly below cost, intending to: • exclude existing competitors; or • prevent new entrants These provisions target conduct that has, or may have, the effect of distorting, impeding, restrict - ing or nullifying competition in the UAE, regard - less of where the conduct occurs or where its effects are felt, provided there is an impact on UAE markets. UAE Federal Law No 11/2021 on the Regula - tion and Protection of Industrial Property Rights defines a patent as a deed protecting creative idea that the inventor comes up with in any tech - nical field in relation to a product or a method of manufacture or both and which in practice offers a new addition or solves a particular problem in such a field. A patent grants the inventor 20 years’ protection from the filing date, subject to timely annual renewals. Patent applications are submitted through the Ministry of Economy’s e services portal. Once allowed, the application is published in the Industrial Property Bulletin and a 60‑day oppo - sition period applies. Standard processing takes 7. Intellectual Property 7.1 Patents
or explicit, and regardless of the parties’ market share. The law applies to: • all undertakings, including branches and associated entities, carrying out economic activity within the UAE; and • any conduct outside the UAE that has fore - seeable competitive effects within the UAE domestic market. Unlike the 2012 law, there is no de minimis mar- ket share exemption. All anti‑competitive agree - ments – even by small or medium enterprises – are caught. 6.4 Abuse of Dominant Position Federal Decree Law No 36 of 2023 prohibits two distinct forms of unilateral market power abuse Abuse of a Dominant Position An undertaking is deemed “dominant” if it pos - sesses a market share exceeding a certain per - centage and the ability to influence prices or outputs in the relevant market. Prohibited forms of abuse include: • imposing unfair pricing or resale conditions; • predatory pricing – selling below cost to exclude competitors; • discrimination between customers; • forcing exclusive dealing; • unjustified refusal to deal; • unjustified limitation or refusal of sale or pur - chase; • tying or bundling unrelated goods/services; • publishing misleading information; and • capacity restriction, manipulation of produc - tion, markets or innovation
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