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. It is therefore relevant to restrictions that are directly related to, and necessary for, the implementation of a concentration. To which extend ancillary restraints are permissible in the context of economic concentrations as well as the detail of regulations varies significantly across jurisdictions in the MENA region. Egypt, has recently issued dedicated guidelines on ancillary restraints. In contrast to Morocco, Jordan, and Tunisia do not provide specific guidance on ancillary restraints and address such them within the broader framework of anticompetitive effects analysis. This client brief provides and overview of the regulations in key jurisdictions in the Levant and North Africa.