Egypt merger control

Produced in partnership with Dr. Nicolas Bremer of BREMER
Practice notes

Egypt merger control

Produced in partnership with Dr. Nicolas Bremer of BREMER

Practice notes
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A conversation with Nicolas Bremer, partner at regional law firm BREMER, on key issues on merger control in Egypt.

NOTE—to see whether notification thresholds in Egypt and throughout the world are met, see Where to Notify.

Egypt is also a member of COMESA, which operates a supra-national merger control regime.

1. Have there been any recent developments regarding the Egyptian merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Egypt?

The principal statues governing merger control in Egypt are Law 3/2005 on the Protection of Competition and the Prohibition of Monopolistic Practices (competition law) and its Executive Regulations, issued per Prime Ministerial Decree 1316/2005 (Executive Regulation). Both have recently been substantially amended to establish a pre-closing notification merger control regime with stand still obligation in Egypt. The Competition Law was amended effective 30 December 2022. The amended Executive Regulations followed in April 2024. The new pre-closing notification regime entered into force on 1 June 2024. This marks the end of a years’ long reform process.

In 2017 the Egyptian

Nicolas Bremer
Dr. Nicolas Bremer

Nicolas is a partner and attorney with the regional law firm BREMER where he heads the firm's Antitrust & Merger Control and Mergers & Acquisitions (M&A) teams. He oversees the firm's Riyadh and Cairo representations and has extensive experience in advising international and domestic clients on merger control and antitrust matters as well as mergers and acquisitions and joint venture transactions in Saudi Arabia, the United Arab Emirates, Egypt and the wider Near and Middle East. He works in English, Arabic and German language.
 
Prior to joining BREMER Dr. Bremer worked for different international law firms in Berlin, Cairo, Dubai and London. He holds a PhD, which he obtained working on the regulation of large-scale fresh water development in the Near and Middle East under international and domestic law. Dr. Bremer frequently publishes on the law of the Near and Middle East and lectures as a visiting professor at the GUC (Cairo, Egypt).

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Jurisdiction(s):
United Kingdom
Key definition:
Merger control definition
What does Merger control mean?

The merger control rules of the UK are contained in the enterprise Act 2002, as amended. Under the UK merger control rules, the competition and markets authority has jurisdiction to review both completed and anticipated merger transactions provided there is a ‘relevant merger situation’. The UK rules do not generally apply to mergers in relation to which the European Commission has exclusive jurisdiction under the EU Merger Regulation. Where the transaction falls within the scope of any national or supranational (eg the EU or COMESA) merger control rules, it is common for the parties to the agreement to agree that the transaction shall be conditional upon merger control approvals having been received and no relevant competition authority having raised objections to the transaction (Enterprise Act 2002).

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