Required Documents for Filing an Application for Approval of an Economic Concentration

The parties to an economic concentration shall file an application for approval using the form prescribed by the Ministry, accompanied by the following documents and information:

1. A copy of the Memorandum of Association or Articles of Association of each party to the economic concentration.
2. A copy of the commercial licence of each party to the economic concentration.
3. A copy of the contract or agreement relating to the economic concentration.
4. Audited financial statements for the preceding three (3) financial years for each party to the economic concentration and its branches, duly audited by an external auditor.
5. A statement identifying the founders, partners or shareholders of each party, specifying the percentage of ownership, shareholding or interest held by each of them, as applicable.
6. Details of the registered office of each party to the economic concentration and its branches, if any, together with details of their respective contributions to the capital.
7. A copy of the receipt evidencing payment of the prescribed fee for filing the application for approval of the economic concentration.
8. A report on the economic dimensions of the economic concentration, which shall provide a comprehensive assessment extending beyond a general statement of the positive effects of the transaction and shall include:
   • A detailed analysis of the relevant market or markets covering the preceding three financial years.
   • Identification of all competitors of the parties to the transaction, including their total sales and market shares in the relevant market or markets in the UAE during the preceding three years.
   • Identification of the customers of the parties to the transaction and the proportion of their dealings with the parties in the UAE.
   • Identification of the market or markets that may be affected by the transaction.
   • A description of the positive effects of the transaction and any proposed commitments or measures intended to mitigate potential adverse effects.
   • An assessment of the impact of the transaction on the prices, quality and availability of goods and services to consumers, including whether the transaction may adversely affect consumer choice or result in the imposition of unfair prices.
9. Identification of the potential geographic scope of the activities of the parties to the economic concentration.
10. A list of related transactions or transactions that may have an impact on the economic concentration, including acquisitions, mergers or joint ventures completed during the three (3) years preceding the date of filing the application.

Pursuant to Article (10), the application shall be submitted electronically in Arabic or English and shall be duly signed by a legal representative acting pursuant to a duly authenticated special Power of Attorney.

Article (10) also significantly expands the information required in the report on the economic dimensions of the economic concentration and extends the period covered by the required audited financial statements from two financial years to three financial years.

Procedures for Filing an Application for Approval of an Economic Concentration

1. Determining Whether the Transaction Is Subject to Notification

   The applicant shall determine whether the proposed transaction falls within the scope of the economic concentration provisions and meets the applicable notification thresholds. The application must be filed at least ninety (90) days prior to the completion of the economic concentration.

2. Completion of the Application Form

   The applicant shall access the Economic Concentration Approval Application service through the website of the Ministry of Economy and Tourism, complete the prescribed application form, and provide all required information.

3. Preparation and Submission of Supporting Documents

   The applicant shall prepare and submit all documents and information required under the applicable Executive Regulations, including commercial licences, audited financial statements for the preceding three financial years, the agreement relating to the proposed transaction, shareholder information, the report on the economic dimensions of the transaction, and any other required supporting documents.

4. Filing of the Application

   The application shall be filed electronically in Arabic or English and shall be duly signed by a legal representative acting pursuant to a duly authenticated special Power of Attorney. Any applicable requirements relating to the translation and confidentiality of documents shall also be observed, as appropriate.

5. Completeness Review

   The Ministry shall review the application and the supporting documents to verify their completeness within ten (10) working days. Where necessary, this period may be extended once for an equivalent period.

6. Submission of Missing Information or Documents, Where Applicable

   Where the application contains incomplete information or documentation, the applicant shall be notified and required to provide the outstanding information or documents. The substantive review period shall commence only upon receipt of a complete application satisfying all prescribed conditions and requirements.

7. Payment of the Applicable Fees

   The applicant shall pay the prescribed fees for the review of the economic concentration application in accordance with the approved payment mechanism and shall submit evidence of payment.

8. Substantive Review and Assessment of the Economic Concentration

   The Ministry shall conduct a substantive review of the application and assess the actual or potential effects of the proposed economic concentration on competition in the relevant market or markets. For the purposes of its assessment, the Ministry may request additional information or documentation and coordinate with the competent or relevant authorities, as necessary.

9. Publication of Information Relating to the Economic Concentration

   Information relating to the economic concentration application shall be published in accordance with the applicable procedures, thereby providing interested parties with an opportunity to submit their comments or observations within fifteen (15) working days from the date of publication.

10. Issuance of the Decision

    A decision on the application shall be issued within ninety (90) days from the date of receipt of a complete application satisfying all prescribed conditions and requirements. This period may be extended by an additional forty-five (45) days, in accordance with the applicable legal provisions.