Employment of workers children and women section i. Employment of workers article 9 work is an inherent right of the nationals of the united arab emirates. The executive regulations to the law and the thresholds determining market power will add the necessary details to this law. The indian competition law regime is a nascent regime. Does the new competition law ensure fair competition in the uae.
Part 2 certain jurisprudential maxims and rules of interpretation article 29. Business regulations related to mainland companies. Business regulations the official portal of the uae. Moving forward, the aegc is committed to focus its work on establishing enforceable competition rules, putting in place effective institutional mechanisms for the implementation of competition law, creating.
The law mainly aims to protect and encourage fair competition, combat monopolistic practices in violation of the competition law, and provide a climate of fairness and transparency within the local market in order to enable all firms and persons to compete freely and provide them with an opportunity to reap the desired benefits of fair competition. As mentioned above, the code is the main federal law which regulates antibribery practices in the uae. The due tax that is due for payment to the authority. The law comprises restrictions on anti competitive practices and. The uae competition law and merger control framework isnow in place. 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.
Exemptions and exceptions 2 arrangements such as specialization and rationalization agreements, and the development of product standards. Uae competition law executive regulations now published. 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. 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. A quick guide to competition and consumer protection laws. Under the provisions of the code, a bribe would be anything that confers a benefit on a public. 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. Although existing laws have sought to deal with aspects of competition, the new competition law represents the first comprehensive regulation of anticompetitive behaviour in the uae. Does the new competition law ensure fair competition in. Competition is a process of economic rivalry between market players to attract customers. The commission has a competition policy and research department cprd which is responsible for research. 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.
The uae competition law regime became relatively more developed when its central regulation federal law 42012 on the regulation of competition came into effect in 20. Article 5 united arab emirates federal trademarks act no. Tax that is calculated and imposed pursuant to the provisions of this decree law. Uae and to the exploitation of intellectual property rights inside and abroad the uae.
Competition law in the asiapacific riaa barker gillette. The new uae federal competition law federal law no. 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. Prior to the operationalization of the competition act in may 2009, mrtp act was the operational law that regulated certain aspects of competition. The uae cabinet has issued resolutions setting out the relevant percentage thresholds applicable under the competition law. Competition law is a law that promotes or seeks to maintain market competition by regulating anticompetitive conduct by companies.
Sectors, activities and businesses excluded from the provisions of the federal law no. The united arab emirates the uae is soon to enact its first regulatory framework governing anticompet itive behavior and monopoly practices. Competition law is implemented through public and private enforcement. The jordanian court of high justice case no 3442006.
Both the labour law and the civil law of the united arab emirates uae contain respective provisions. However, with the publication on 23 october 2012 of uae federal law no. 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. Consumer protection the official portal of the uae. Competition also refers to a situation in a business environment where businesses independently strive for. Pdf uae competition law and its application part one. Amounts that have been paid and that the authority may return to the person pursuant to the provisions of this decree law.
The issue of the new commercial companies law federal law no. Competition law is known as antitrust law in the united states for historical reasons, and as antimonopoly law in china and russia. Pdf on oct 1, 2015, asem bani faris and others published uae competition law and its application part one federal law no. The authors authoritative treatment of the world is matched by a vigorous and easytoadjust to writing sort, making this book an indispensable helpful useful resource for undergraduate and postgraduate regulation and economics school college students, along with for practitioners.
The uae will therefore, for the first time, have a comprehensive competition law that covers the standard three pillars found in many competition regimes. The law comprises restrictions on anti competitive practices and imposes merger control measures, such as. It is barely four years since our new competition law the competition act has become operational. The new uae federal competition law federal law no 4 of. Handbook on competition policy and law in asean for. What is the scope of competition law in the united arab emirates. 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. 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. In an earlier inbrief dated 9 december 2014 we wrote about federal. As reported in our last competition update, a new competition law federal law no. For this purpose, the united arab emirates has adopted its first comprehensive competition law, named uae federal law no. Overview of the uaes competition law regime legislative framework. It does not explicitly mention noncompete clauses, though article 127 does concern the matter ii.
Application of competition laws to government in asia. Following the enactment of cabinet resolution of 2016 the 2016 regulations which set out the relevant market share thresholds for the uae s competition law regime, the ministry of economy has also established the uae s competition authority authority. The objective of this thesis is to assess the significance of the newly passed competition law in the uae by studying the specific industries, which are exempted from regulation. This law shall also apply to the economic activities which are practiced abroad the uae and affect competition in the uae. On october 27, 2014, the cabinet of the uae cabinet. Article 4 the provisions of this law shall not apply to. The law of the united arab emirates shall be applied if it is impossible to prove the existence of an applicable law or to determine its effect. The roundtable discussion focussed on market definition, regulatory reforms and antitrust enforcement in ports. A comparative analysis between developed and developing nations. Within article 127, it says that in the case that an.
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. Richard whish and david baileys competition law is the definitive textbook on this matter. A quick guide to competition and consumer protection laws that affect your business dealing with anticompetitive behaviour we rely on complaints to help us promote healthy competition and protect the interests of consumers and fairdealing businesses. The regulations deal in detail with the procedures relating to applying to the committee for exemptions, approvals and the examination. 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. Understanding nuances of the uae s competition law the broad parameters have been set, and it is up to market dynamics to test them published. Pdf uae competition law and its application part one federal.