Bahrain: Corporate/Commercial Law

Bahrain has significantly expanded its SME definition, increasing the medium enterprise threshold to 250 employees or BHD20 million in annual revenue. More businesses can now qualify for SME status, opening access to government support, preferential financing, procurement advantages and programmes designed to help companies grow and expand.

The COMESA Competition Regulations 2025 introduce express recognition of ancillary restraints in merger control assessment, marking a significant shift in how transaction-related restrictions are evaluated. This development raises important questions about the scope and application of the ancillary restraints doctrine within the COMESA merger control framework, particularly regarding non-compete and non-solicitation clauses.

The ECOWAS merger control regime grants the ERCA Council discretionary authority to approve anti-competitive transactions when a clear and demonstrable public interest exists. This power, analytically distinct from competition assessment, carries significant strategic implications for parties transacting across the twelve-member West African economic community.

Bahrain has significantly expanded its SME definition, increasing the medium enterprise threshold to 250 employees or BHD20 million in annual revenue. More businesses can now qualify for SME status, opening access to government support, preferential financing, procurement advantages and programmes designed to help companies grow and expand.

Licensing agreements occupy a structurally ambiguous position in merger control, sitting between asset acquisitions and ordinary commercial contracts. This client brief examines how European Commission precedent may inform the treatment of licensing agreements under the COMESA merger control regime, given the limited guidance and decisional practice from the COMESA Competition and Consumer Commission.

Licensing agreements occupy a structurally ambiguous position in merger control, sitting between asset acquisitions and ordinary commercial contracts.