UAE Introduces Merger Control Thresholds

The United Arab Emirates issued Cabinet Resolution No. 3/2025, offering clarity on the conditions under which a merger control filing with the Ministry of Economy (MOE) is required. The Cabinet Resolution follows Federal Decree-Law No. 36/2023 (UAE Competition Law), which came into effect in December 2023 and repealed Federal Law No. 4/2012 (Repealed Competition Law). Under the Repealed Competition Law, the UAE's merger control framework was based on market share considerations. The absence of detailed guidelines created uncertainty for parties assessing whether a transaction required a merger control filing.

Under the UAE Competition Law, parties intending to participate in an economic concentration are required to obtain clearance from the MOE if the relevant thresholds/conditions are met. Economic concentration is broadly defined and encompasses any act involving the complete or partial (mergers or acquisitions) transfer of ownership, rights, equity, shares, or