Articles

Licensing Agreements under COMESA Merger Control Regimes

Licensing agreements occupy a structurally ambiguous position in merger control. They sit between asset acquisitions and ordinary commercial contracts.

UAE Competition Department publishes Guidelines on Relevant Market Definition

The UAE Ministry of Economy & Tourism’s Competition Department published its Relevant Market Definition Guidelines, outlining its analytical framework for defining relevant markets under UAE competition law.

Recent COMESA Guidelines on Expedited Review, Comfort Letter, and Advisory Opinion

The CCCC Guidelines clarify procedures for expedited merger reviews, comfort letters, and advisory opinions, improving the predictability, accessibility, and efficiency of COMESA’s merger control regime.

Allocation of Competition Law Enforcement Powers in the UAE

The UAE’s competition law regime has evolved significantly, beginning with a new Competition Law that modernized rules on anti-competitive agreements, abuse of dominance, and merger control.

Public Interest Considerations under the EAC Merger Control

The 2025 East African Community (EAC) Competition Act requires the EAC Competition Authority (Authority) to consider public interest concerns as part of their assessment of notified transactions.

Regulation of Predatory Pricing in the UAE

The recently issued Executive Regulations to the Competition Law provided clarification on several material and procedural matters.

UAE Competition Law: New Rules on Exemptions and Dominance

The UAE's competition regime has undergone a significant transformation with the adoption of Cabinet Resolution No. 59 of 2026, which introduces the Executive Regulations to Federal Decree-Law No. 36 of 2023 on the Regulation of Competition.

Consumer Protection Under the ECOWAS Regulatory Framework

ECOWAS is strengthening its consumer protection framework, with the June 2026 regulation signaling ERCA’s shift toward a dual mandate covering both competition and consumer protection.

Public Interest Considerations in Moroccan Merger Control

Moroccan merger control is primarily governed by competition law considerations. Learn more from Bremer.

Exclusivity in Distribution and Agency Arrangements in Kuwait

Two bodies of law govern exclusivity in Kuwaiti distribution and agency arrangements.

American Bar Association, Enforcement Section — Our Curious Amalgam Podcast, Episode #384 What’s Up? Enforcement Updates From the Middle East and Africa

ECA Issues Guidelines on Competition in Digital Markets

In October 2025, The Egyptian Competition Authority (ECA) published guidelines on the application of the Egyptian Competition Law to digital markets (Guidelines).

Exclusivity in Distribution and Agency Arrangements in the UAE

The new UAE Competition Law, Federal-Decree Law 36/2023 includes provisions specifically addressing market segmentation through distribution and agency arrangements.

Licensing Agreements Under the Merger Control Regimes of Egypt, Kuwait and UAE

Licensing agreements occupy a structurally ambiguous position in merger control. They sit between asset acquisitions and ordinary commercial contracts. Licensing agreements differ in structure and intend from M&A and joint venture transactions.

Ancillary Restraints Under the COMESA Merger Control Regime

The “ancillary restraints” doctrine, originally developed by the European Commission, serves to validate restraints that are objectively necessary to implement a legitimate transaction.

Hub and Spoke Arrangements under Moroccan Law

Hub and spoke arrangements sit at an increasingly contested intersection of competition law.

Key Merger Control Reforms in the UAE, Egypt, and Kuwait in the First Half of 2026

Merger control regimes across the Middle East and North Africa continue to evolve as competition authorities strengthen enforcement, increase procedural certainty, and focus scrutiny on transactions most likely to affect local markets.

Public Interest Considerations in ECOWAS Merger Control

The ECOWAS merger control regime vests the ERCA Council with the discretion to approve otherwise anti-competitive transactions where a clear and demonstrable public interest exists in the transaction.

Jordan Introduces Reforms in its Merger Control Regime

On 23 April 2026, Jordan enacted Law 8/2026 amending Jordanian Competition Law, Law 33/2024. The amendments entered into force on 23 May 2026.

Egypt's CBE Joins COMESA's Competition Framework

On 11 May 2026, the Central Bank of Egypt (CBE) signed a Memorandum of Understanding (MoU) with the COMESA Competition and Consumer Commission (CCCC).

Licensing Agreements under the Moroccan and Saudi Merger Control Regimes

Licensing agreements occupy a structurally ambiguous position in merger control. They sit between asset acquisitions and ordinary commercial contracts.

UAE Issues Executive Regulations to the Competition Law: Key Merger Control Takeaways

On 8 May 2026, the UAE Cabinet issued the Executive Regulations to the UAE Competition Law through Cabinet Decision 59/2026.

Merger Control in Kuwait: How the Regime Has Evolved Five Years After Reform

Kuwait’s competition landscape looks very different today than it did before Law 72/2020 came into force.

UAE Legislator Issues Executive Regulations to the UAE Competition Law

On 8 May 2026 the UAE Cabinet issued the Executive Regulations to the UAE Competition Law with Cabinet Decision 59/2026.

Kuwait Issued Confidentiality Rules in Competition Matters

On 29 March 2026, the Board of the Kuwait Competition Protection Agency (CPA) issued Decision 33/2026, establishing a comprehensive formal framework governing confidential treatment of information submitted to the CPA in competition proceedings.

Amendments to the Egyptian Merger Control Notification Thresholds

Amendments to the Egyptian Competition Law approved by the House of Representatives on 22 April 2026 will increase the Egyptian merger control notification thresholds.

Leniency Programs Under the Competition Laws of Egypt, Saudi Arabia, and Morocco

Leniency regimes have proven to be an important cartel-enforcement tools available to competition authorities.

Ancillary Restraints in the Levant and North Africa

The “ancillary restraints” doctrine, originally developed by the European Commission, serves to validate restraints that are objectively necessary to implement a legitimate transaction which has neutral or positive effects on competition.

UAE pioneers AI-driven Transformation of Competition Enforcement

The UAE is entering a new phase in the transformation of its competition enforcement framework through the development of a National Competition Platform (NCP), led by the UAE Ministry of Economy and Tourism.

Ancillary Restraints in the GCC

The “ancillary restraints” doctrine, originally developed by the European Commission, serves to validate restraints that are objectively necessary to implement a legitimate transaction which has neutral or positive effects on competition.

UAE Competition Authority Launches First Investigation

The Competition Department at the UAE Ministry of Economy & Tourism has initiated their first enforcement actions under the country’s updated competition regime.

EU Macro-Financial Assistance and ECA Merger Control Reform

Egypt entered a Macro-Financial Assistance (MFA) arrangement with the European Union of up to EUR 4 billion, subject to the implementation of structural and economic reforms.

Draft Amendments to Egypt’s Competition Law

On 6 April the Egyptian Senate approved draft amendments to the Egypt Competition Law.

Competition Counsel– Opinion No. A/6/25 on the State of Competition in the Pharmaceutical Distribution Market in Morocco

The Moroccan Competition Counsel (MCC) issued Opinion No. A/6/25 on competition concerns in the pharmaceutical market.

Merger Control in Kuwait Five Years in

Since Kuwait enacted Law 72/2020, the Competition Protection Authority has significantly increased merger control and antitrust enforcement, though guidelines are still pending.

Amendments to Kuwaiti Merger Control Thresholds

On April 5, 2026, Kuwait’s Competition Protection Agency (CPA) issued Decision No. 32/2026 (dated March 29), updating merger notification thresholds effective immediately.

Bremer Client Brief Published on EU Foreign Subsidies Regulation in Kluwer Competition Law Blog

Bremer has published a client brief outlining its impact on cross-border transactions and investment activity involving Middle Eastern investors.

Public Interest Considerations in COMESA Merger Control

On 13 January 2026, the COMESA Competition and Consumer Commission (CCCC) issued Practice Note Number 1 of 2026 (Practice Note), providing guidance on the operation of the new regime.

African Jurisdictions Regulating Resale Price Management Clauses

Resale Price Maintenance (RPM) refers to arrangements whereby a supplier, manufacturer, or licensor sets a minimum for, or otherwise restricts the price at which downstream distributors or retailers may resell goods or services.

Regulation of RPM in KSA, the UAE, and Kuwait

The prohibition and regulation of agreements that restrict competition lie at the core of competition law. Resale price maintenance (RPM) is one of the most common types of agreements in supplier–distributor relationships, but also one of the most likely to raise competition concerns.

ERCA Imposes First Remedies for Merger Clearance

On 8 August 2025, the Council of the ECOWAS Regional Competition Authority (ERCA) approved the acquisition of sole control over MultiChoice by Canal+ with remedies.

COMESA’s Increased Oversight Over The Digital Economy

The Common Market for Eastern and Southern Africa (COMESA) has introduced a significant changes in its merger control and antitrust regimes through their amended Competition Regulations of 2025.

COMESA Authority Investigates Meta Over WhatsApp Business API Restrictions

The COMESA Competition and Consumer Commission (CCCC) recently announced that they commenced an investigation into Meta Platforms Ireland Limited following changes to the terms governing access to the WhatsApp Business Application Programming Interface (API).

COMESA Authority Investigates Meta Over WhatsApp Business API Restrictions

The COMESA Competition and Consumer Commission (CCCC) recently commenced an investigation into Meta Platforms Ireland Limited following changes to the terms governing access to the WhatsApp Business Application Programming Interface (API).

African Regional Competition Authorities sign MoU to Strengthen Cross-Border Enforcement

Competition authorities of four African regional economic communities have entered into a Memorandum of Understanding (MoU) aimed at strengthening cooperation in the enforcement of competition and consumer protection laws across their respective jurisdictions.

Iraq Issues First Merger Guidelines: What Businesses and Investors Should Know

In February 2026, the Iraqi Competition and Antitrust Council (CAC) issued its Guideline on Mergers and Restrictive Commercial Practices.

First Conditional Clearances by the Egyptian Competition Authority

In late 2025 the Egyptian Competition Authority (ECA) for the second time granted conditional clearance for Ritter Holding AG’s acquisition of OC Oerlikon Textile Holding AG via Favicone.

Foreign Direct Investment Regulations in the Middle East

Foreign direct investment (FDI) regulation across the Middle East continues to develop as part of regional economic reform.

COMESA’s Expanded Consumer Protection Mandate of the CCCC

On 4 December 2025, the COMESA Council of Ministers adopted the COMESA Competition and Consumer Protection Regulations, 2025, which repealed the old regime effective 5 December 2025.

Change of Control over Regulated Financial Companies in Morocco

Morocco regulates financial firms and institutions through a several statutes with changing regulatory authority.

The Iraqi CAC issues first Merger Guidelines

In February 2026, the Iraqi Competition and Antitrust Council (CAC) issued their Guideline on Mergers and Restrictive Commercial Practices.

Saudi Competition Authority issues 2025 Activities Report

The Saudi General Authority for Competition (GAC) published its 2025 Annual Activities Report, providing insights into the GAC’s merger control activity over the past year.

The EU FSR Decision and Its Implications for Middle Eastern Investors

The EU Foreign Subsidies Regulation (FSR, Regulation (EU) 2022/2560) is a tool adopted to address distortions in the EU internal market caused by subsidies from non-EU governments.

The EU FSR Decision and Its Implications for Middle Eastern Investors

The EU Foreign Subsidies Regulation (FSR) has introduced a new layer of regulatory review for non-EU companies investing, bidding, or operating in the European Union. For Middle Eastern investors.

Moroccan Consumer Protection Directorate – Recent Enforcement Activity

Consumer protection in Morocco is primarily governed by Law No. 31-08 on consumer protection and enforced by the Consumer Protection Directorate within the Ministry of Industry and Trade.

Merger Review and Control of Economic Concentrations in Tunisia

Tunisia’s merger control regime is based on a legal framework designed to maintain competitive markets, prevent excessive market concentration, and protect consumer welfare.

Competition Enforcement in Education: ECA Targets School Uniform Market

The Egyptian Competition Authority (ECA) continues to demonstrate a strong and proactive approach in investigating and enforcing competition law within the education sector, recognizing the sector’s vital role for consumers and its direct impact on families across Egypt.

Egypt/Armenia New MoU on Competition Law Enforcement: Institutional Expansion and Practical Limits

Competition enforcers in the MENA region have continued to deepen their institutional ties through new bilateral agreements and multilateral initiatives.

New GAC Guidelines on Anti-Competitive Agreements: A Compliance Roadmap for Businesses in Saudi Arabia

The Saudi General Authority for Competition (GAC) has issued new guidelines on anti-competitive agreements under the Saudi Competition Law and its Executive Regulations.

DIFC and ADGM Data Protection Regimes

The UAE has developed a multi-layered data protection framework that reflects both its federal legal system and the autonomy of its financial free zones.

Updates on COMESA Competition and Consumer Protection Antitrust Enforcement

This update builds on our earlier analysis of antitrust enforcement by the Common Market for Eastern and Southern Africa (COMESA) Competition Commission (CCC), which has been re-branded to the COMESA Competition and Consumer Commission (CCCC).

East African Community; Change of Control Test

Enforcement of the East African Community (EAC) merger control regime commenced effective November 2025.

2025 in Regulatory M&A in the MENA Region and Beyond

Looking back at 2025, there have been impactful developments in regulatory M&A provisions across national regimes in the Middle East and Noth Africa as well as regional merger control regimes on across the African continent.

Moroccan Competition Council 2024 Activity Report

The Moroccan Competition Council (MCC) published its activities report for 2024. The report outlines the MCC’s enforcement activities, merger reviews, investigations, and advisory work.

Changes to the UAE Commercial Companies Law: Key Points for Businesses

At the beginning of December, the UAE legislator issued Federal Decree-Law 20/2025, amending key provisions of Federal Decree-Law 32/2021 on Commercial Companies.

Morocco Competition Council Approves Settlement with Glovo

On 24 July 2025, the Moroccan Competition Council (MCC) approved a settlement agreement with GlovoApp Morocco SARL, formally closing the contentious proceedings initiated by the MCC’s ex officio decision of 19 February 2024.

Mandatory COMESA Merger Control Regime and Other Changes

With the new COMESA Competition and Consumer Protection Regulation, 2025 the COMESA Council of Ministers on 4 December 2025, implemented the long awaited amendments to the COMESA antitrust and merger control regime.

Egypt’s Merger Control Regime Review after 18 Months

Egypt’s pre-closing notification merger control regime became effective June 2024. While processing times for filings has shortened, review times are still comparatively long.

Competition Enforcement in the Egyptian Education Sector

On 8 November 2025, the Board of Directors of the Egyptian Competition Authority (ECA) determined that 13 schools violated Egyptian competition law by abusing their dominant position in the school uniform market and restricting the sale of their uniforms to exclusive outlets.

ECA Flags Abuse of Dominance in Pharma Distribution

On 5 November 2025, the Egyptian Competition Authority (ECA) issued their findings that a leading distributor of Cetrotide, a scarce and medically essential IVF medication, abused its dominant market position, signaling scrutiny for distributors of critical or limited-supply medicines.

Overview of the Algerian Merger Control Regime

Algeria operates a mandatory merger control regime that has become increasingly significant for companies active in the country or with sales into the Algerian market.

ECOWAS position on competition in the Pharma Market

The pharmaceutical sector in the ECOWAS region occupies a central role in the protection of public health and consumer welfare. It is a market in constant demand, given that the consumption of medicines is largely price inelastic, yet its structure reflects systemic weaknesses and persistent barriers to competition.

The ECA issues FAQ Guide on Economic Concentrations

The Egyptian Competition Authority (ECA) issued a comprehensive Merger Control Frequently Asked Questions (FAQs) Booklet, consolidating inquiries received from companies and law firms regarding the new pre closing notification regime for economic concentrations.

DIFC and ADGM Rules on Change of Control in Financial Regulated Businesses

The DIFC and ADGM have each developed robust frameworks governing changes of control in financial regulated businesses.

ECA issues new Pre-notification Discussion Request Form

In a move to formalize pre-filing discussions, the Egyptian Competition Authority (ECA) issued a pre-notification discussion request form. Prior to submitting a full notification, the parties involved may initiate a pre-notification consultation with the ECA by submitting a designated form.

New GAC Guidelines on Anti-Competitive Agreements: A Compliance Roadmap

The Saudi General Authority for Competition (GAC) issued new guidelines that provide a detailed framework for assessing anti-competitive agreements under the Competition Law and its Executive Regulations.

Competition in the ECOWAS Cross-Country Digital Market

The ECOWAS Regional Competition Authority (ERCA) conducted a nine-country study on e-commerce and digital finance, examining competition, consumer protection, regulatory gaps, and market conditions.

Early Experience with the New UAE Merger Control Regime

In April 2025, the UAE introduced a major reform to its merger control regime by introducing new revenue-based threshold that apply alongside the existing market share threshold.

East African Community Announces Start of Enforcement of their Regional Merger Control Regime

The East African Community (EAC)—the regional economic community made up of Burundi, the Democratic Republic of Congo, Somalia, Kenya, Rwanda, South Sudan, Tanzania, and Uganda—start enforcing their merger control regime on 1 November 2025.

DIFC and ADGM Rules on Change of Control in Financial Regulated Business

The UAE’s financial free zones—the Dubai International Financial Centre (DIFC) and the Abu Dhabi Global Market (ADGM)—maintain robust regulatory regimes that impose strict controls over changes in ownership and control of financial services firms.

Merger Control Enforcement in Saudi Arabia

The Saudi General Authority for Competition’s (GAC) has over the past years substantially increased enforcement of the Kingdom’s antitrust and merger control rules.

Saudi Legislator issues Investment Law Implementation Regulations. Still no Clarity on FDI Screening.

In August 2024, the Saudi legislator issued the Saudi Investment Law, which includes language that may introduce a more comprehensive FDI review in Saudi Arabia.

Definition of Control under the new Saudi Merger Guidelines

Following a public consultation process initiated in July 2024 the Saudi General Authority for Competition (GAC) published the 5th edition of their Merger Guidelines on 8 April 2025.

Saudi Competition Authority issues 2024 Activities Report

The Saudi General Authority for Competition (GAC) has released its 2024 Annual Activity Report.

Kuwait Constitutional Court’s strikes down Fine for Procedural Competition Law Violation

Kuwait’s Constitutional Court has once again stepped into the domain of competition law reform, delivering a ruling on 25 June 2025, that will have lasting implications for businesses and lawmakers alike.

Regulation of Resale Price Maintenance (RPM) Clauses in Egypt

The Egyptian Competition Authority (ECA) has shown an increased interest in resale price maintenance (RPM) clauses over recent years.

Saudi Completion Authority Issues Activity Report for Q2/2025

The Saudi General Authority for Competition (GAC) published its quarterly report summarizing merger control activity for the second quarter of 2025.

Antitrust Cooperation in the MENA Region: Momentum Builds, But Refinement of Regulations Remain Modest

As cross-border business and regulatory enforcement become more intertwined, competition authorities in the Middle East and North Africa (MENA) are stepping up efforts to regulate.

American Bar Association, Antitrust Section — Our Curious Amalgam Podcast, Episode #328 What Should I Know About Nigeria, South Africa, Egypt and COMESA? Developments in Key African Regimes

Merger control and antitrust enforcement are gaining momentum across Africa. In this episode of the ABA Our Curious Amalgam Podcast, John Oxenham and Nicolas Bremer discuss recent developments in Nigeria, South Africa, Egypt, and COMESA, and what they mean for cross-border transactions.

Data protection and Competition Regulations in Egypt

Data has become a key resource. Its collection and processing allow businesses to optimize their operations. With ever-evolving technologies and tools that allow for more effective data collection and processing regulation is becoming increasingly paramount.

COMESA Consumer Protection Enforcement

The Common Market for Eastern and Southern Africa (COMESA), with 21 member states, is the largest regional economic organization in Africa.

Inter-agency Cooperation Among MENA Competition Authorities

In recent years, the landscape of competition enforcement in the Middle East and North Africa (MENA) has witnessed increased emphasis on inter-agency cooperation.

European Commission Launches Anti-Dumping Probes into BDO Imports from Saudi Arabia

On 6 June 2025, the European Commission launched a formal anti-dumping probes into imports of 1,4-Butanediol (BDO) originating from Saudi Arabia, China, and the United States. Learn more from Bremer.

Morocco Investigates Alleged Anti-competitive Conduct by in the Food Delivery Sector

The Moroccan Competition Council is currently pursuing a formal investigation into alleged anti-competitive conduct in the food delivery sector.

Antitrust Enforcement by the COMESA Competition Commission

Over recent years the Common Market for Eastern and Southern Africa (COMESA) Competition Commission (CCC) significantly increased its enforcement activities.

Interception of Consumer Protection and Competition Law in Egypt

With the Consumer Protection Law of 2018 Egypt for the first time introduced a comprehensive consumer protection regime enforced by the Egyptian Consumer Protection Agency (CPA).

The New UAE Merger Control Regime - First Experiences

In December 2023, the UAE legislator enacted a new Competition Law), which introduced—among other changes—the concept of turnover based notification thresholds.

Revised Saudi Notification Thresholds and Implications for Transaction

The legal community has broadly welcomed the Saudi General Authority for Competition’s (GAC) updated 5th edition of the GAC Merger Control Guidelines.

Intersection of Data Protection and Competition Law in Saudi Arabia

In line with global trends Saudi Arabia has taken decisive steps toward building a comprehensive framework for personal data protection.

Local Nexus Test Under the Moroccan Merger Control Regime

As merger control enforcement continues to evolve in Morocco, the ambiguities of the local nexus test introduced by the 2023 Moroccan Merger Guidelines (Guidelines) are being increasingly scrutinized.