Merger of Commercial Companies Under the Emirate (Comparative Analyasis Study)

Abstract

This research has dealt with the role of the UAE legislator in protecting the competition in the case of the merger between commercial companies in accordance with the provisions of the Federal Competition Law No. (4) of 2012 and its Executive Regulation No. (37) of 2014. The research shows that merging is a mechanism of economic concentration that is only violates competition when it exceeds the percentage determined by the by the cabinet of the total transactions in the relevant market. The research also examines the guarantees provided by the legislator to protect competition by controlling the size of the concentrations resulting from the merger process in the market so that no merging process should take place if it may hinder competition and negatively affects the market. Finally, the research clarifies the nature of the penalties that the UAE legislator imposes on the companies that have conducted the merging process in conflict with the procedures that are mentioned in the Competition Law and its executive Regulation, and the responsibility to bear those penalties imposed on the merging company as a legal successor to the merged company.