Federal Decree-Law No. 36 of 2023 regulating Competition.

This Law consisting of 40 articles aims to protect and enhance competition and combat monopolistic practices through the following (i) providing a stimulating environment for undertakings to enhance effectiveness, competitiveness and consumer's interest and achieve a sustainable development in the State; (ii) maintaining a competitive market governed by market mechanisms, in line with the principle of economic freedom, by prohibiting agreements, conducts and acts that constitute abuse of a dominant position, monitoring all economic concentrations and avoiding any act that would distort, lessen, restrict or prevent free competition. It applies to (i) all undertakings regarding their economic activities within the State; (ii) the exploitation of intellectual property rights both inside and outside the State; (iii) economic activities conducted outside the State that affect competition within the State. The Law, in the Definitions Section, expands the definition of Relevant Market, which now includes a “digital place” where supply and demand converge for a product or service and where competition conditions are similar or homogeneous. Article 5 prohibits agreements between undertakings that distort, lessen, prevent, or restrict competition, including setting prices contrary to market rates, collusive bidding, limiting production or distribution, and obstructing market access. It also forbids actions like market sharing based on geography or customer type and any other action that obstructs new undertakings from entering the market. These measures aim to maintain fair competition by preventing practices that negatively impact market dynamics. It also prohibits the following (i) Article 5 prohibits agreements between undertakings that distort, lessen, prevent, or restrict competition, including setting prices contrary to market rates, collusive bidding, limiting production or distribution, and obstructing market access. It also forbids actions like market sharing based on geography or customer type and any other action that obstructs new undertakings from entering the market. These measures aim to maintain fair competition by preventing practices that negatively impact market dynamics. The Law deals also with the following (i) abuse of dominant position; (ii) abuse of economic dependence; (iii) prohibition of predatory pricing. However, Article 9 allows for exemptions to agreements or practices that promote economic development, improve competitiveness, or benefit consumers, provided they don't excessively restrict competition or eliminate it entirely. Undertakings must notify the Ministry of such agreements, and exemptions are granted by the Minister based on the Committee's recommendations. Article 12 mandates that undertakings seeking to complete economic concentration operations, which might affect market competition or create a dominant position, must submit an application to the Ministry at least 90 days in advance. This requirement applies if their annual sales or market share exceed thresholds determined by the Cabinet.
Article 16 establishes the Competition Regulatory Committee tasked with the following (i) proposing the general policy for protecting competition in the State, and presenting it to the Minister; (ii) scrutinizing issues related to the application of the provisions of this Decree-Law; (iii) proposing legislation and procedures of protecting competition; (iv) making recommendations to the Minister on exempting practices; (v) preparing an annual report on the Committee's activities to be presented to the Minister. Article 18 grants the Ministry of Economy the authority to implement competition policy, coordinate with relevant authorities to combat anti-competitive practices, manage a register of notices and complaints, investigate anti-competitive practices, and handle complaints regarding decisions by the Minister, while also conducting market studies.