UAE Law and Practice Contributed by: Alex Saleh, Asad Ahmad, Khaled Abuorabi and Habiba Wahdan, GLA & Company
prejudice within, limit, or prevent competition in the UAE as ”restrictive agreements”, especially those: • specifying the prices for buying or selling commodities or services, directly or indirectly, by creating the increase, decrease or stabili - sation that may negatively affect the competi - tion; • specifying the conditions of buying, selling or performing of services and/or any other similar obligation; • colluding in bids, tenders, practices or any other supplying offers; • phasing out or limiting the operations of pro - duction, development, distribution or market - ing or any other aspects of investment; • colluding to refuse to buy from or to sell or supply to certain undertaking(s) and to halt or impede the undertaking(s) from carrying out their activities or transactions; • limiting the freedom of commodities or ser - vices flow to the “relevant market(s)” or with - drawing them from the market, including the concealment or storage of these commodities or services unlawfully, abstaining from dealing with these commodities or services or sud - denly creating their abundance which may lead to trading these commodities or services with unreal prices; • dividing markets or assigning clients based on geographical areas, distribution centres, quality of clients, seasons and time or any other basis that may negatively affect compe - tition; and/or • taking procedures to hinder the entrance of undertakings to the market, exclude these undertakings from the market or hinder join - ing existing “agreements” or coalitions. When determining whether any undertaking is abusing its dominant position in the “relevant
market(s)”, the Competition Department will consider if the undertaking is: • imposing the prices or conditions of reselling commodities or services directly or indirectly; • selling a commodity or performing a service with a price less than the actual cost with the aim of hindering competitive undertakings from entering the “relevant markets”, exclud - ing them from these markets or causing them losses, preventing them from continuing their activities in these markets; • discriminating without justification amongst clients with identical contracts with regards to the prices of these commodities or services or the terms and conditions of buying or sell - ing contracts; • obliging a client not to deal with a competitive undertaking; • the total or partial rejection to deal according to the usual commercial conditions; • unjustifiably abstaining from dealing in com - modities or services through buying or selling or limiting or hindering the dealing that may lead to imposing an unreal price of the com - modities or services; • suspending the buying or selling of commodi - ties or services unless other commodities or services are received in return which, by nature or commercial use, the latter commod - ities or services to be received in considera - tion are irrelevant to the original transaction in the normal course of its business; • intentionally publishing incorrect information about commodities or prices; • decreasing or increasing the available supply of the commodity to create a false scarcity or abundance of the commodity; • controlling or limiting production, markets or technological development; or • unjustifiably preventing or obstructing other undertakings from accessing its own net -
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