Yemen merger control
Produced in partnership with Alexander & Partner Rechtsanwaelte
Yemen merger control

The following Competition practice note produced in partnership with Alexander & Partner Rechtsanwaelte provides comprehensive and up to date legal information covering:

  • Yemen merger control
  • 1. Have there been any recent developments regarding the Yemen merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Yemen?
  • 2. Under Yemen 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 there any discretion to review transactions that fall below the notification thresholds?
  • 8. Is it possible to close the deal globally prior to local clearance?
  • 9. Is there a deadline for filing a notifiable transaction and what is the timetable thereafter for review by the competition authority?
  • More...

A conversation with Nicolas Bremer, partner at regional law firm Alexander & Partner Rechtsanwaelte, on key issues on merger control in Yemen.

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

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

Compared to merger control regulations in other countries in the MENA-Region, the Yemini merger control regime is comparatively rudimentary both with respect to scope and implementation. Regulatory reforms of the Yemeni merger control statutes have been slow and inconsistent. Provisions regulating merger control relevant transactions such as mergers, acquisitions and joint ventures were first codified by Republic Decree 22/1997 on Commercial Companies (Companies Law). A competition legislation was introduced two years later when the majlis al nuwaab – the Yemini House of Representatives – issued Republic Decree Law 19/1999 on Promoting Competition and Prevention of Monopolies and Commercial Fraud (Competition Law). Both the Companies Law and the Competition Law, however, did not address merger control. The first merger control provisions were introduced in 2007 with Ministerial Decree 128/2007 on the Regulation of Competition and Prevention of Monopolies (Competition Decree) issued by the Ministry of Industry and Trade.

The Competition Decree provides for the establishment of the Public Authority to Promote Competition

Related documents:

Popular documents