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. The Executive Regulations provide important clarification on merger control procedure, filing requirements, review timelines, confidentiality, third-party engagement, and post-closing monitoring.

The new rules are a welcome development for businesses and investors navigating the UAE merger control regime. They make the process more structured and, in several respects, less burdensome. However, some key questions remain unresolved, including the definition of control and whether non-full function joint ventures require notification.

For parties considering transactions involving the UAE, the Executive Regulations should now be built into transaction planning from the outset.

Reduced Formality Requirements

One of the most practical changes concerns filing formalities. The UAE Competition Department of the Ministry of Economy & Tourism initially required submissions to be made in Arabic. The Executive Regulations now clarify that filings may be submitted in either Arabic or English.

Supporting documents originally prepared in a language other than Arabic or English must be submitted in their original language with a certified translation into Arabic or English. This should make the filing process more manageable for international parties, particularly those coordinating multi-jurisdictional merger filings.

The Executive Regulations also clarify document legalization requirements. Previously, it was unclear which documents had to be legalized. In practice, the Competition Department often required legalization of all submitted documents. Since the UAE is not a party to the Hague Apostille Convention, this could create significant timing and administrative burdens.

The new rules provide that only the power of attorney must be legalized. Other supporting documents may be submitted as simple copies. This is a meaningful improvement and should reduce delays in preparing UAE merger control filings.

Confidentiality and Public Disclosure

The Executive Regulations also provide guidance on confidentiality. Parties must clearly mark any information they wish to be treated as confidential.

The filing must also include a proposed non-confidential description of the transaction. The Competition Department may use this description when publishing notice of the filing on its website. In practice, the Department may amend the parties’ proposed description where it considers changes appropriate.

This makes confidentiality planning important. Parties should carefully separate commercially sensitive information from content that can be disclosed publicly, especially in transactions involving competitors, customers, suppliers, or sensitive markets.

Review Timelines and Process

The Executive Regulations do not change the statutory review period under the UAE Competition Law. The Competition Department still has 90 days to review a transaction, with the possibility of an additional 45-day extension.

However, the Executive Regulations provide more detail on the procedural steps within that review period.

After submission, the Competition Department has 10 business days to assess whether the filing is complete. This initial review period may be extended by another 10 business days. If the filing is complete, the Department will issue a notice of completeness, and the 90-day substantive review period will begin.

If the filing is incomplete, the Department may request additional information or documents. The Executive Regulations do not specify a deadline for parties to respond. In practice, the Competition Department is expected to set deadlines where appropriate and determine the consequences of delayed responses on a case-by-case basis.

Following confirmation of completeness, the Competition Department will publish an announcement of the filing on its website. Concerned third parties will then have 15 business days to submit concerns or objections. If the Department considers those concerns potentially valid, it will raise them with the parties, who will have 10 business days to respond.

The Executive Regulations also require the Competition Department to submit its report to the Minister’s office within 10 business days after completing its review. However, they do not set a deadline for the Minister to issue a decision.

This remains important because, under the UAE regime, if no decision is issued within the statutory review period, the transaction is deemed objected to. Parties then have 30 days to appeal the objection before the competent courts.

Stop-the-Clock Events

The Executive Regulations clarify when the statutory review period may be interrupted. The review clock may stop when the Competition Department issues requests for information, seeks input from relevant authorities or sector-specific regulators, or receives third-party concerns or objections that it considers potentially valid.

The clock resumes once the Department receives a satisfactory response from the parties or the requested assessment from another authority.

This gives the Competition Department more flexibility to manage complex reviews. It also reduces the risk that a matter will reach the end of the review period without a decision. For parties, however, it means that transaction timelines should allow for possible interruptions, especially where the transaction involves regulated sectors, market concentration, or third-party interest.

‍Substantive Assessment Criteria

The Executive Regulations provide general guidance on how the Competition Department will assess transactions. The relevant provisions remain broad, but they identify several factors that may be considered.

These include the type of transaction, the parties’ affiliates and economically related undertakings, the parties’ activities in affected markets, market shares, key competitors, key customers, and whether the transaction may create or strengthen a dominant position.

The Department may also consider substitutability between the parties’ products or services, general price levels in the relevant market, and the transaction’s likely effect on price, quality, availability, entry, expansion, or exit.

This confirms that UAE merger control review will involve a competition effects analysis. Parties should be prepared to explain not only the structure of the transaction, but also the competitive dynamics of the relevant markets.

Post-Closing Monitoring

The Executive Regulations expressly give the Competition Department post-clearance monitoring powers. The Department may request data and documents from the parties and other stakeholders after closing. It may also monitor the transaction’s impact on prices, quality, and availability of products and services in the relevant markets.

This means clearance may not be the end of regulatory engagement. Parties should preserve relevant documents, maintain internal compliance processes, and be prepared to respond to follow-up requests where needed.

Remaining Uncertainty

Despite the helpful clarifications, important issues remain unresolved.

The Executive Regulations do not further define control. The Competition Law only states that control may be exercised directly or indirectly. In practice, the Competition Department appears to apply a concept similar to decisive influence, broadly aligned with the European Commission’s approach. Still, further formal guidance would be welcome.

The treatment of non-full function joint ventures also remains unclear. Neither the Competition Law nor the Executive Regulations expressly address whether these arrangements must be notified. Until the Competition Department adopts a clear position, parties should assess joint ventures carefully and consider early engagement where uncertainty exists.

What Businesses Should Take From the Executive Regulations

The Executive Regulations make UAE merger control more predictable and more workable. Allowing English-language filings, limiting legalization requirements to powers of attorney, clarifying review steps, and introducing defined third-party engagement procedures are all positive developments.

At the same time, the UAE merger control regime remains an active and developing framework. Parties should plan filings early, prepare market information carefully, manage confidentiality, and account for potential stop-the-clock events in transaction timelines.

Speak With BREMER About UAE Merger Control

BREMER advises clients on merger control, regulatory M&A, and competition law across the Near and Middle East and Africa.

If your transaction may involve UAE merger control review, our team can help assess filing obligations, prepare submissions, and manage regulatory engagement from strategy through clearance.