On 30 April, the UAE adopted Cabinet Decision No. (59) of 2026 (“the 2026 Executive Regulations”), setting out the executive regulations for Federal Decree-Law No. (36) of 2023 on the Regulation of Competition. The 2026 Executive Regulations replace the previous implementing regulations adopted in 2014 under the former UAE competition law. They are expected to enter into force on 30 July 2026.
Taken together, the adoption of Federal Decree-Law 36 on Regulating Competition of 2023, Cabinet Resolution No. (3) of 2025 establishing the new filing thresholds, and the subsequent adoption of the 2026 Executive Regulations complete a long-anticipated overhaul of the UAE merger control framework. These measures mark a decisive shift towards a fully operational and modern merger control regime. The 2026 Executive Regulations significantly streamline the notification process, introduce enhanced timing certainty, and create a clear pathway for third parties to engage with the Competition Department of the Ministry of Economy & Tourism (“Competition Department”) to influence the outcome of merger reviews.
More broadly, the 2026 Executive Regulations introduce important changes to various aspects of UAE’s competition law framework, including measures relating to behavioural competition enforcement and procedures. In combination with other recent competition policy and enforcement actions, the 2026 Executive Regulations signal the UAE’s ambition to bring its competition and merger control framework in line with international best practice.
This article focuses on the main revisions to the UAE merger control framework, before briefly outlining the wider changes introduced to the UAE’s behavioural competition regime by the 2026 Executive Regulations.
Five Key Modifications to the UAE Merger Regime
The 2026 Executive Regulations bring greater structure and predictability to the UAE merger control review process by clearly defining review timelines, third‑party participation, and the Ministry of Economy’s investigative powers.
Modification 1—Clarification of merger filing requirements
The 2026 Executive Regulations set out details of the notification requirements, introducing welcome transparency for merging parties:
- Clarification of filing obligations—the 2026 Executive Regulations clarify which party, or parties, are responsible for submitting notifications and obtaining approval prior to implementation of mergers that fall within the UAE thresholds. For acquisitions, the acquiring party or parties have the filing obligation. For a merger or joint venture, all parties involved in the economic concentration are required to comply with the notification obligation.
- Detailed assessment of the competitive effects of a merger—the 2026 Executive Regulations significantly expand and formalise the requirements for providing substantive information relating to the competitive effects of a merger. Notifications must include a “report on the economic dimension of the economic concentration”. This includes factors such as market definitions and dynamics, competitive landscape, degree of overlaps and/or vertical relationships, and the positive effects of a merger (if any).
- Streamlined formalities requirements—requirements for notarization and certified corporate documents that existed under the prior regime have been reduced substantially. This should assist merging parties in being able to prepare UAE notifications quickly and with fewer formality hurdles than under the previous regime.
Modification 2—More predictable timelines
Under Federal Decree-Law of 2023, the formal review period is 90 days from the date on which the Ministry of Economy receives a complete notification, a period which can be extended by an additional 45 days.
The 2026 Executive Regulations introduce a new 10 business day deadline for the Competition Department to review a notification and confirm whether it is complete. This can be extended by a further 10 business days, and, if the Competition Department requires supplementary information or documents to ensure the notification is complete, it may require the merging parties to provide such information within a maximum of 10 business days, meaning the overall period for a completeness review should not exceed 30 business days. The inclusion of a clear timeline reduces the risk of the formal review period being delayed at the front-end by long completeness reviews for notifications.
Once the application has been formally accepted as complete, the Competition Department conducts its substantive assessment within the statutory periods set out in the Federal Decree-Law. The review period is suspended in limited circumstances, for example where the Competition Department (i) issues requests for information requesting additional information or documents from the notifying parties, or (ii) seeks a technical opinion from a sectoral regulator.
On completion of the review, the Competition Department must prepare a reasoned report and submit it to the Minister of Economy within 10 days. The final decision is made by the Minister (or his authorized representative) within the statutory timeline. If no decision is adopted within this timeline, the transaction is deemed rejected.
Modification 3—Enhanced third-party rights
The 2026 Executive Regulations also introduce the ability for interested third parties to submit observations on a merger. Third parties must make any submissions within 15 business days of being invited to do so by the Competition Department, or from the date the transaction is published on the Ministry’s website.
Interested third parties also have the ability to file an “objection” to a merger within the same deadline. The objection must be substantiated and accompanied by all relevant documents and evidence. On receipt of a third party “objection”, the Competition Department has 5 business days to conduct an initial review to assess whether the objection satisfies the applicable procedural requirements, followed by a period of 20 business days— extendable by another 7 business days—to decide whether to accept or dismiss the objection.
Where the Competition Department accepts an objection, the notifying parties have 10 business days from the date of the notice to submit a response.
The formal recognition of third-party rights in merger reviews is an evolution of the UAE regime and aligns with other jurisdictions in which third-party evidence is an important component of the formal review process.
Modification 4—Investigation and Call-in Powers
The 2026 Executive Regulations provide the Competition Department with the ability to conduct on-site inspections in connection with its review of a merger. Additionally, the 2026 Executive Regulations clarify that the Competition Department may investigate and review transactions that were not notified to the Ministry of Economy, either before or after their completion. This ability is, however, limited to transactions that meet the notification thresholds set out in Cabinet Resolution No. (3) of 2025. The Regulations therefore do not introduce a general discretionary “call-in” power for below-threshold transactions but instead confirm the Competition Department’s ability to enforce compliance in cases where a transaction should have been notified but wasn’t.
Modification 5—Engagement between Competition Department and other local or sectoral authorities
The 2026 Executive Regulations also set out a framework for cooperation between the Ministry of Economy and local or sectoral authorities in the review of transactions. Specifically, the Executive Regulations:
- Specify the procedure under which the Competition Department may, in the course of reviewing a transaction, request a technical opinion from a competent local authority or sector‑specific regulator.
- Establish referral and cooperation mechanisms where transactions also fall within the jurisdiction of local or sectoral authorities. Specifically, where a transaction is reviewed at the local level (because the parties are located in a single Emirate and the competitive effects do not extend beyond that Emirate), or is reviewed by a sectoral authority, the relevant authority and the Ministry of Economy may cooperate in the assessment of the transaction.
As a result, merger control notifications will not necessarily be assessed exclusively by the Competition Department. In certain cases, the Competition Department’s review may be conducted jointly with, or referred to, local or sectoral authorities.
Broader antitrust enforcement developments in the UAE
The 2026 Executive Regulations form part of a broader uptick in enforcement and policy activity in the UAE.
In particular, the Regulations introduce several substantive clarifications—including more detailed guidance on the assessment of dominance and the standalone prohibition against pricing below cost, as well as new provisions relating to antitrust complaints and ex officio investigations. These developments signal increased focus on behavioural enforcement alongside merger control review.
This uptick in competition developments in the UAE is also reflected in a series of recent policy initiatives under the new UAE competition regime. These include:
- The issuance of detailed Guidelines for submitting Competition Complaints in December 2025;
- The adoption of sector-specific exemptions, such as the Block Exemption of Exclusive Dealing Agreements in the Market for Food Promotion and Delivery Services through Digital Platforms, and the Temporary Exemption to Certain Agreements and Categories of Contracts Aimed at Ensuring the Continuity of Supply of Essential Goods and Services in Exceptional Circumstances; and
- The referral by the Competition Department to the Federal Court of suspected price fixing conduct in the poultry sector.
Parties to transactions with a UAE nexus, or businesses operating in the UAE, will need to ensure their activities take account of the ongoing revisions to the UAE competition regime.