Non nationals may not engage in any work within the state except in accordance with the conditions stipulated in this law and its executive orders. Uae competition law framework now complete cleary gottlieb. The jordanian court of high justice case no 3442006 five. Both the labour law and the civil law of the united arab emirates uae contain respective provisions. Uae legislative update the uae promulgates a competition law. The objective of this thesis is to assess the significance of the newly passed competition law in the uae by studying.
With the enforcement of competition law the government of uae has aimed to provide a framework for international traders in matters relating to sale and resale, pricing, conspiracy, abuse of market position, restriction on predatory and resale pricing, and interestingly enough the. This set of laws oversees the activities of enterprises in this country, in order for them to act in a fair manner on the market. Employment of workers article 9 work is an inherent right of the nationals of the united arab emirates. In recent years, the united arab emirates the uae has been taking steps to align its business environment with internationally recognised best practices. United arab emiratess constitution of 1971 with amendments. The united arab emirates the uae is soon to enact its first regulatory framework governing anticompet itive behavior and monopoly practices. The competition law looks to direct market conduct, especially in connection to mishandle of an overwhelming position, merger control and the direction of prohibitive understandings. As part of this approach, on 23 october 2012, the uae enacted the federal competition law the fcl, which lays down new rules on anticompetitive agreements, abuse of dominance and merger. Comment a new chapter in the evolution of competition law in. Contents a postcontractual noncompetition clause may stipulate the employees obligation for a par.
Employment of workers children and women section i. The united arab emirates uae has recognized and taken effective steps to merge these differences by introducing the new competition law in the country is federal law number 4 of 2012 that came in to force on 23 february 20. Overview of competition law in the uae lawexchange. The law shall guarantee its existence and shall safeguard it and protect it from corruption. Oct 10, 2012 the provisions of this law shall apply to the economic activities carried out by the organizations in the uae and to the exploitation of intellectual property rights inside and abroad the uae. Consumer protection the official portal of the uae government. The uae competition committee is open for business. Pdf uae competition law and its application part one federal. Competition law has become an important legal tool as it plays a significant role in preventing different forms of anticompetitive behaviour and ensures fair competition in the market. The uae competition regulation committee, established under the competition law, and functioning under the supervision of the ministry of economy is the relevant competition regulator in the uae.
Uae federal law 4 of 2012 on the regulation of competition. The uae will therefore, for the first time, have a comprehensive competition law that covers the standard three pillars found in many competition regimes. Consumer protection and the sustainable development of the uae are also mentioned among its objectives. The competition law looks to direct market conduct. Uae competition law executive regulations now published.
Towards the end of 2011, hadefs omar al heloo discussed the development of uae competition law and, in his article, rules of competition. Overview of the uaes competition law regime legislative framework. The executive regulations regulations in relation to the uae competition law came into force on october 27, 2014. Alert memorandum uae competition law framework now complete. Pdf uae competition law and its application part one. The competition law comes into effect on 23 february 20, but enterprises subject to the competition law have a period of six months from that date within which to ensure compliance. This is the next step towards the active implementation of the myanmar competition law 2015, which took effect in february 2017. The uae competition committee has finally become operational.
Uae companies law update changes to make pwc 2 change pwc legal view details of the shareholders the new ccl specifies that the articles should list with the details of the shareholders of a llc their date of birth. Article 4 the provisions of this law shall not apply to. Consumer protection the official portal of the uae. Mar 19, 2020 business regulations related to mainland companies. New field to compete, explored some possible effects on the legal sector and impacts on investment into the region. Article 10 in the event of nonavailability of national workers, preference shall be given to. Does the new competition law ensure fair competition in the uae.
Pharmaceutical ip and competition law in the united arab. Corporate governance and corporate social responsibility is governed by uae competition law. On february 23, 20, the united arab emirates uae competition law the law entered into force. Business regulations the official portal of the uae government. The impact of the new uae competition law on business by omar shah,adeola adeyemi,will seivewright, and alia dajani introduction t he expiration date of august 23, 20 is looming for the six month transitional period applying to the new united arab emirates uae federal law no. The jordanian court of high justice case no 3442006 five bench chamber issued 20122006 published at. The competition law seeks to regulate market behaviour, particularly in relation to abuse of a dominant position, merger control and the regulation of restrictive agreements. With the enforcement of competition law the government of uae has aimed to provide a framework for international traders in matters relating to sale and resale, pricing, conspiracy, abuse of market position, restriction on predatory and resale pricing, and interestingly enough the toughest penalties for breach of confidentiality. A federal competition law in the uae clifford chance.
The provisions of this law shall apply to the economic activities carried out by the organizations in the uae and to the exploitation of intellectual property rights inside and abroad the uae. The regulations deal in detail with the procedures relating to applying to the committee for exemptions, approvals and the examination. Pdf on oct 1, 2015, asem bani faris and others published uae competition law and its application part one federal law no. The first antitrust and competition legislation was introduced in the united arab emirates uae in october, 2012 through the publication of the uae federal law no 4 of 2012 on the regulation of competition the 2012 law and has been in force since 23 rd february, 20.
How new uae competition law will impact business introduction the expiration date of august 23, 20 is looming for the six month transitional period applying to the new united arab emirates uae federal law no. The production, sale and distribution of pharmaceuticals are specifically exempted from the competition law article 41 and the appendix, competition law primarily for reasons of public policy. In dubai, the ded also requires shareholders mobile numbers. Notification 1062018 of the union government released on 31 october 2018 appointed the various members of the commission.
The expiration date is looming for the six month transitional period granted to the federal law no. Pdf on oct 1, 2015, asem bani faris published uae competition law and its application part one federal law no. The new uae federal competition law federal law no 4 of. The united arab emirates uae federal government has issued the long anticipated federal law no. The competition law and the associated regulations and competition rules make up saudi arabias competition law regime and they are enforced by a competition council. The uaes first antitrustcompetition legislation recently came into effect on 23 february 20. This article examines some practical implications of the merger control provisions. Competition law and the ministry of economys duty to investigate once a complaint is accepted. Business regulations related to mainland companies. The committee has been recently established in 2018, and it remains to be seen to what extent it would regulate competition issues in the uae as there. Introduction main changes introduced by new law unlike many uae laws in the past, the new law states its objectives, which include contributing to the development. The law prohibits certain anticompetitive practices and provides for the establishment of a competition regulation committee the committee under the authority of the uae ministry of economy the ministry.
New competition law rules in the uae come into force this. Scope of application the competition law applies to all entities undertaking commercial activities in the uae and to entities operating outside the uae but whose activities affect competition inside the uae. Pharmaceutical ip and competition law in the united arab emirates. The longawaited myanmar competition commission has been appointed. Chapter vi the committee of competition regulation chapter. The uae competition law envisaged the publication of regulations setting out in detail the processes to be followed by parties seeking exemptions from the rules and the notification and clearance.
Uae competition law framework now complete antitrust. Its support shall be religion, ethics and patriotism. For this purpose, the united arab emirates has adopted its first comprehensive competition law, named uae federal law no. Others may not by employed in the united arab emirates except as provided for in this law and its executive orders. Apr 30, 20 the expiration date is looming for the six month transitional period granted to the federal law no.
Uae and to the exploitation of intellectual property rights inside and abroad the uae. Following the enactment of cabinet resolution of 2016 the 2016 regulations which set out the relevant market share thresholds for the uaes competition law regime, the ministry of economy has also established the uaes competition authority authority. Business regulations the official portal of the uae. A comparative analysis between developed and developing nations. Home regulatory how new uae competition law will impact businesses. Saudi arabia adopted a competition law in 2004 and it came into effect in january 2005. The law is designed to and protectenhance competition in the uae. Now victoria woods takes a closer look at some aspects of the uaes new competition law. The primary aim of 2012 law is to promote and protect competition in the uae. Dec 17, 2014 the uae competition law envisaged the publication of regulations setting out in detail the processes to be followed by parties seeking exemptions from the rules and the notification and clearance. Ministry of justice, united arab emirates pdf of law in english pdf of law in english doc. The executive regulations to the law and the thresholds determining market power will add the necessary details to this law. This law shall also apply to the economic activities which are practiced abroad the uae and affect competition in the uae.
The new uae federal competition law federal law no 4 of 2012. What is the scope of competition law in the united arab emirates. As discussed in those updates, the legislation regulates. Work is a right of the united arab emirates nationals. As reported in our last competition update, a new competition law federal law no.
237 1088 73 864 576 198 574 930 656 932 636 510 1159 874 363 807 504 278 965 1378 1343 1244 737 356 1500 695 1300 1626 1432 789 726 261 227 1222 492 334 1313 468 570