News & updates

Introduction:

In a significant move to bolster the competition laws in Egypt, the President of the Council of Ministers has enacted Decision No. 1120 of 2024. This decision revises certain aspects of the Executive Regulations of the Law on Protection of Competition and Prevention of Monopolistic Practices, initially established by Presidential Decree No. 1316 of 2005. The aim of these revisions is to tighten and refine the regulations on economic concentration, which is essential for promoting a fair and competitive market conducive to sustained economic growth.

Rationale:

The necessity for these amendments arises from an acute awareness of how economic concentration—through mergers, acquisitions, or significant market share accumulation—can dramatically sway market dynamics and competition. Such concentrations can undermine competition, hinder innovation, and ultimately, affect consumer welfare. The updated regulatory framework is thus designed to better manage economic concentration transactions, ensuring fair competition and consumer protection while preventing monopolistic practices.

Key Amendments:

The recent legislative updates introduce several critical changes designed to enhance oversight of economic concentration transactions:

Enhanced Evaluation Criteria: The amendments bolster the criteria for assessing the impacts of economic concentration, including market structure, competition levels, economic stability of involved entities, market entry barriers, and potential consumer and investment effects.

Streamlined Notification Process: The process for entities to notify authorities of economic concentration transactions has been streamlined, requiring comprehensive and detailed submissions to ensure thorough regulatory reviews.

Conditional Approval Mechanism: A new framework for conditional approvals allows authorities to approve transactions based on specific compliance and safeguard stipulations, aiming to protect market competition and consumer interests.

Increased Transparency and Disclosure: There are now higher standards for transparency and the disclosure of information regarding the transactions, including detailed market impact assessments and adherence to regulatory stipulations.

Prevention of Anti-Competitive Practices: New measures have been introduced to prevent anti-competitive outcomes of economic concentration, such as monopolistic dominance, market manipulation, and unfair trading conditions.

Penalties and Enforcement: The decision outlines strict penalties, fines, and corrective actions for violations, reinforcing the deterrent against anti-competitive behavior and ensuring rigorous enforcement of the laws.

Implications:

The implications of these amendments are far-reaching for the Egyptian market:

*      They are expected to create a more dynamic and competitive business environment, fostering innovation, investment, and entrepreneurial activity.

*      Consumer benefits include fair pricing, improved product quality, and greater choice.

*     The amendments promote market efficiency and resource allocation, enhancing productivity.

*     Small and medium-sized enterprises, as well as new entrants, are better protected against anti-competitive practices and entry barriers.

*    The changes bolster Egypt’s position as a favorable investment destination by ensuring a level playing field for all market players.

Conclusion:

Decision No. 1120 of 2024 marks a pivotal step in Egypt’s continuous efforts to enhance its competition policy and regulatory oversight. By aligning its economic concentration regulations with international standards and adapting to challenges in the evolving digital marketplace, the amendments are proposed to drive sustainable economic growth, protect consumer rights, and maintain market integrity. The success of these amendments will hinge on their effective implementation, vigilant enforcement, and ongoing evaluation to ensure they meet their intended goals in a rapidly changing economic landscape.

Authors:

Ibrahim EL Said, Partner

Rokaya kaddah, Associate