As cross-border business and regulatory enforcement become more intertwined, competition authorities in the Middle East and North Africa (MENA) are stepping up efforts to regulate. Over the last six years, this shift has been marked not only by new regulatory regimes developing but also increased cooperation. MENA regulators engage through a growing number of bilateral agreements and the development of regional platforms aimed at closer cooperation. Still, despite the uptick in meetings and MoUs, the real-world impact of these initiatives is not yet fully realized.
Why Inter-Agency Cooperation Matters
Merger control and antitrust enforcement are central pillars of competition law. These responsibilities include reviewing deals that might reduce competition, stopping abusive market practices, and sanctioning anticompetitive agreements. However, national authorities often face limits when confronting cross-border conduct or multijurisdictional mergers.
That's where cooperation between agencies becomes critical. Sharing information, aligning review standards, and building institutional capacity all help regulators respond more effectively to complex, globalized competition issues. In theory, closer cooperation can lead to tighter enforcement, fewer conflicting decisions, and greater consistency across jurisdictions.
MoUs: The Tools for Bilateral Coordination
In MENA, memoranda of understanding (MoUs) are emerging as the main mechanism for inter-agency cooperation. These documents lay the groundwork for sharing information (including non-public materials when legally permissible), coordinating investigations, and leveraging joint resources.
Recent examples include:
Saudi Arabia and Egypt: A 2022 MoU between the Saudi General Authority for Competition (GAC) and the Egyptian Competition Authority (ECA) marked a significant milestone, pairing two of the region's most active enforcers.
Saudi Arabia and Kuwait: Another MoU with Kuwait's Competition Protection Agency was signed the same year.
Saudi Arabia and Iraq: In February 2025, GAC entered into a new cooperation agreement with Iraq's Competition and Antitrust Council.
Egypt and UAE/Eurasian Economic Union: Following its annual conference in April 2025, the ECA announced MoUs with the UAE Ministry of Economy and the Eurasian Economic Union, further positioning itself as a regional hub for competition policy.
Egypt's earlier cooperation efforts include MoUs with the COMESA Competition Commission (2016) and Nigeria's Federal Competition and Consumer Protection Commission (2023), reflecting the ECA's long-standing outward-facing strategy.
The Arab Competition Network: Regional Ambitions
Beyond bilateral ties, MENA competition authorities are increasingly engaging through multilateral platforms. Most notably, the Arab Competition Network, launched in 2022, has become the primary forum for Arab League member states to connect on competition enforcement.
At its most recent meeting in May 2025, the network reaffirmed its goal to strengthen cooperation by:
Improving communication channels among agencies
Forming specialized working groups
Launching targeted capacity-building programs
Recommending the creation of a shared digital platform for real-time access to enforcement decisions and training resources
These goals echo the collaborative models established by global organizations like the International Competition Network (ICN) and UNCTAD, while adapting to the specific realities of the MENA region's varied regulatory landscapes.
Has Cooperation Delivered Results?
Despite strong signals and institutional activity, the practical impact of regional cooperation is still limited. There is little public evidence that MoUs have led to joint investigations, harmonized enforcement outcomes, or frequent exchange of information on active cases.
For instance, while the ECA and COMESA share merger-related data, most cooperation remains at the policy or training level rather than in live enforcement. Systematic collaboration—such as parallel merger reviews or coordinated cartel enforcement—remains rare.
The Arab Competition Network, while active in setting goals, has not yet visibly transformed day-to-day enforcement. In many cases, cooperative frameworks are not yet being used to their full potential.
Legal Systems Still in Transition
Part of the reason lies in the maturity of national regimes. While Saudi Arabia's GAC has grown increasingly assertive since reforms in 2019, other jurisdictions are still catching up:
Egypt introduced a new pre-closing merger control regime in June 2024, bringing more transactions within its review scope.
UAE implemented updated merger thresholds in April 2025, resulting in a noticeable increase in merger filings. However, enforcement of behavioral rules remains minimal.
Kuwait and Morocco have both updated their regimes in recent years but remain at early stages of robust enforcement.
Other jurisdictions in the region are still largely inactive on competition matters.
As a result, while regional networks aim to engage all Arab League members, only a handful are currently positioned to contribute meaningfully to coordinated enforcement.
Signs of Convergence, and Caution for Businesses
Even with limited enforcement cooperation so far, MENA jurisdictions are beginning to align key elements of their legal frameworks. For businesses operating in multiple countries, this presents both benefits and new risks.
On the one hand, alignment can lead to:
- More predictable merger reviews
- Consistent application of legal standards
- Reduced administrative duplication across jurisdictions
In practical terms, clearance in one jurisdiction may positively influence another authority's review, creating efficiencies.
On the other hand, closer cooperation increases the chance that an enforcement issue in one country will attract attention in others. For example, if an authority flags a competition concern, others may launch their own investigations or reassess the same transaction under shared enforcement principles. Cartel enforcement is especially susceptible to these spillover effects when intelligence is shared or violations are publicly acknowledged.
The takeaway: As coordination deepens, companies must adopt regional compliance strategies that anticipate the growing interconnectedness of MENA competition authorities.
Looking Ahead
While many of these developments are still in their early stages, the direction is clear: the MENA region is steadily moving toward more coordinated, multi-jurisdictional enforcement. MoUs, regional networks, and updated laws are all laying the groundwork.
For companies active in MENA markets—or entering them—this means compliance planning must evolve. Understanding how national enforcers interact, what triggers scrutiny, and where legal thresholds are aligned can make the difference between a smooth review and a prolonged regulatory hurdle.
At Bremer, our antitrust and merger control team monitors these trends closely. With offices across the region and deep knowledge of local regimes, we support clients in navigating merger reviews, antitrust investigations, and cross-border transactions with confidence and clarity.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
