Egypt merger control (2019)
Produced in partnership with Zulficar & Partners
Egypt merger control (2019)

The following Competition guidance note Produced in partnership with Zulficar & Partners provides comprehensive and up to date legal information covering:

  • Egypt merger control (2019)
  • 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?
  • 2. Under Egyptian merger control law, is the control test the same as the EU concept of ‘decisive influence’? If not, how does it differ and what is the position in relation to 'minority shareholdings'?
  • 3. Are joint ventures caught by the national merger control provisions (including non-structural, cooperative joint ventures)?
  • 4. What are the merger control thresholds and would a purely foreign-to-foreign transaction be caught (commenting on any ‘effects’ doctrine/policy if relevant)?
  • 5. Are there any specific issues parties should be aware of when compiling and calculating the relevant turnover for applying the jurisdictional thresholds?
  • 6. Where the jurisdictional thresholds are met, is notification mandatory and must closing be suspended pending clearance?
  • 7. Is it possible to close the deal globally prior to local clearance?
  • 8. Is there a deadline for filing a notifiable transaction and what is the timetable thereafter for review by the Egyptian Competition Authority?
  • 9. Who is responsible for filing a notifiable transaction (noting also whether there is a specific form/document used and an applicable filing fee)?
  • more

A conversation with Dr Firas El Samad, managing partner of Egyptian law firm Zulficar & Partners, 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 existing post-merger notification regime, inaugurated by Law No. 3/2005, (the Competition Law) was not, against expectations, modified by the latest amendment issued on 2 July 2014 by Presidential Decree No. 56/2014. The amendment simply reiterated the confidentiality obligation imposed upon the Egyptian Competition Authority's (ECA) employees regarding information they receive upon merger notification. The new amendment was expected to introduce a proper pre-transaction control which would require the clearance and the approval by the ECA of any transaction of a certain size and impact before its completion.

In 2017, Mona El Garf, head of the ECA, stated that the Competition Authority was finalising amendments to be made to competition related legislations and that such amendments include the introduction of a pre-merger filing regime, with closing of transaction to be suspended pending clearance. A proposed draft of the