UAE Competition Department Publishes Guidelines On Relevant Market Definition

The Competition Department of the UAE Ministry of Economy & Tourism has published its Guidelines on Relevant Market Definition (the Guidelines), providing businesses with the first comprehensive explanation of the analytical framework applied by the Competition Department when defining the relevant market under the UAE competition regime.

The publication of the Guidelines is particularly significant from a merger control perspective. Unlike many jurisdictions, where filing thresholds can be assessed solely by reference to turnover, both jurisdictional thresholds under the UAE merger control regime require the relevant market to be defined. Specifically, a transaction is notifiable where either (i) the parties' combined annual turnover in the relevant market in the UAE exceeds AED 300 million during the preceding fiscal year, or (ii) the parties' combined market share in the relevant market exceeds 40%. Accordingly, accurately defining the relevant market is not merely part of the