Overview of the Competition Law in the UAE

Course Objectives:

United Arab Emirates (UAE) has a set of legal instruments, including laws, rules and regulations regulating the trade and commerce in the UAE. Amongst these laws, there are national and international laws that specifically focus on: (a) curbing anti-competitive practices in the markets of the UAE; and (b) laws that protect the markets of the UAE from the adverse effects of the predatory or abusive pricing of the goods imported into the UAE.

The first category of laws is typically referred to as the Competition Laws. In the UAE, the first competition law was promulgated in 2012 by way of Federal Law No. 4 of 2012. The law was subsequently supplemented by the Cabinet Decisions and Implementing Regulations. Recently, in 2023, Federal Law No. 36 of 2023 was enacted which abrogated the 2012 Competition Law while expressly saving the Cabinet Decisions and Implementing Regulations made thereunder.

In the above background, the objectives or learning outcomes of the course are as under:

Competition Laws

(a) Getting an understanding of the ethos of the Competition Law and reviewing the international examples;

(b) Providing the participants with an understanding of the applicable Competition Laws and Regulations in the UAE as well as the authorities tasked with the administration of such laws in the UAE;

(c) Exploring the anti-competitive practices prohibited under the applicable Competition Laws and Regulations in the UAE and practical guidance on such anti-competitive practices either under the UAE laws or the EU Competition Laws;

(d) Exploring whether it is possible to get an exemption from being penalized for being engaged in any anti-competitive practices and if so, what needs to be done to be entitled to such exemption;

(e) Exploring the merger control regime in the UAE, the conditions that must be met by a merger or acquisition to fall under the merger control regime, the applicable thresholds, details of the application, and how the application is dealt with by the UAE authorities; and

(f) Exploring the penalties, punishments and appeal procedures under the UAE Competition Laws.