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ARTICLE · 12 AUGUST 2026

Regulation Of Predatory Pricing In The UAE

The UAE's new Executive Regulations to the Competition Law introduce significant clarifications on predatory pricing, establishing that such conduct may be prohibited independent of market dominance. The regulations provide structured cost benchmarks for assessment, distinguishing between pricing below average variable cost and pricing between variable and total costs, while outlining factors authorities will consider when evaluating anticompetitive intent and commercial justifications.

United Arab EmiratesAntitrust/Competition Law

The recently issued Executive Regulations to the Competition Law provided clarification on several material and procedural matters. Among these were clarifications introduced regarding regulation of predatory pricing under UAE law. Predatory pricing was introduced as a standalone prohibition with the new UAE Competition Law issued in 2023. The Executive Regulations now clarify that predatory pricing may be caught by the relevant provisions independent of dominance. Furthermore, the Executive Regulations provide greater guidance on how below-cost pricing will be assessed in practice, while preserving the broad scope of the prohibition.

Predatory pricing under the UAE Competition Law

Article 8 Competition Law prohibits an undertaking from offering or applying selling prices that are excessively lower than the costs of production, manufacturing and marketing where the purpose or effect of such pricing is to drive an undertaking, or one of its products, out of the relevant market or

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