Competition Law In Transition: Developments Of First Half Of 2026 In The MENA Region

I. Introduction

The Middle East and North Africa (“MENA”) region has historically been regarded as a jurisdiction in which competition law played a relatively limited role within broader economic governance structures. Economic regulation traditionally relies on sector-specific interventions, state participation in key industries, and investment promotion mechanisms rather than comprehensive competition enforcement frameworks. However, this landscape has changed considerably over the last decade as governments across the region have pursued economic diversification strategies, sought to attract foreign direct investment, and integrated more closely into global trade and investment networks.¹

Against this backdrop, 2026 has emerged as a particularly significant year for competition law in the MENA region. Several jurisdictions have introduced reforms designed to strengthen merger control systems, improve institutional effectiveness, and enhance legal certainty for market participants. At the same time, competition authorities have increasingly turned their attention toward the challenges posed by digital markets, data-driven business models, and emerging technologies.²

This article analyzes noticeable competition law developments observed across the MENA region during the first half of 2026, focusing on merger control reform, institutional enforcement trends, and the growing importance of digital competition policy.

II. The United Arab Emirates: From Legislative Reform to Active Enforcement

One of the most significant competition law developments in the MENA region during 2026 occurred in the United Arab Emirates (“UAE”). Following the entry into force of Federal Decree-Law No. 36 of 2023, the UAE continued its comprehensive competition law reform process through the adoption and implementation of secondary legislation designed to operationalize the new legal framework. These implementing regulations clarified several previously uncertain aspects of the merger control regime, thereby enhancing legal certainty for businesses and investors operating in the jurisdiction.³

In particular, the regulations provided detailed guidance on notification thresholds, filing requirements, review procedures, and applicable timelines, while also elaborating on the substantive criteria that the Competition Authority may employ when assessing the competitive effects of notified transactions. The framework further addressed procedural matters such as the treatment of incomplete notifications, information requests, third-party participation, and the economic analyses that may be undertaken during merger review. As a result, the UAE’s merger control regime has become significantly more transparent and predictable, aligning more closely with established international best practices.⁴

Beyond legislative and procedural reforms, 2026 also marked a turning point in the practical enforcement of competition law in the UAE. The UAE Competition Authority launched its first formal investigation under the new competition framework, signaling the beginning of active antitrust enforcement in the country. This development is particularly noteworthy because it demonstrates the Authority’s willingness to move beyond a purely regulatory and administrative role toward a more interventionist approach focused on detecting, investigating, and remedying potential competition concerns.⁵

Taken together, these developments illustrate the UAE’s ongoing transition from a relatively nascent competition regime to a more mature and institutionally robust enforcement system. The combination of clearer merger control rules and the emergence of active investigative powers suggests that the UAE is positioning itself as one of the leading competition law jurisdictions in the MENA region, with an increasingly sophisticated framework capable of addressing both structural and behavioral competition issues.

III. Egypt's Continued Development of an Ex Ante Merger Control System

Egypt has remained one of the most dynamic competition law jurisdictions in the MENA region following the introduction of its ex ante merger control regime. Since the entry into force of the new framework, the Egyptian Competition Authority (“ECA”) has focused not only on implementing the notification system but also on refining its practical operation to ensure that merger review remains both effective and proportionate. In this regard, the ECA has undertaken a reassessment of existing notification thresholds and explored mechanisms aimed at reducing unnecessary filing obligations for transactions that are unlikely to generate competition concerns.⁶

These initiatives reflect a broader policy objective of enhancing the efficiency of merger control enforcement by directing administrative and investigative resources toward transactions with the greatest potential to affect market structure and competitive dynamics. By limiting regulatory burdens for low-risk transactions while preserving scrutiny over strategically significant deals, the ECA seeks to strike an appropriate balance between effective competition oversight and the promotion of investment and economic activity.

At the institutional level, Egypt has also continued efforts to strengthen the operational capacity and independence of the ECA. Reforms have focused on improving procedural transparency, increasing predictability for notifying parties, and further aligning the Egyptian merger control framework with international best practices. These measures are intended to enhance legal certainty for businesses while reinforcing the credibility and effectiveness of competition enforcement.⁷

Taken together, these developments demonstrate Egypt’s commitment to consolidating its recently established merger control regime and transforming it into a mature and economically focused enforcement system. As one of the largest economies in the region, Egypt’s continued modernization of its competition framework is likely to have a significant influence on the broader trajectory of competition law enforcement across the MENA region.

IV. Kuwait's Merger Control Reforms

Kuwait also witnessed important developments in its competition law framework during 2026, particularly in the field of merger control. Building upon earlier reforms, the Competition Protection Agency (“CPA”) introduced a series of amendments aimed at enhancing the effectiveness, predictability, and practical applicability of the merger review process. A central objective of these reforms was to provide greater clarity regarding the jurisdictional nexus required for notification, thereby addressing uncertainties that had arisen in the implementation of the existing regime.⁸

The revised framework places increased emphasis on the target undertaking’s economic presence and activities within Kuwait, as well as the extent to which a proposed transaction is capable of affecting competition in domestic markets. By refining the nexus criteria, the CPA seeks to ensure that merger control obligations are focused on transactions with a genuine connection to the Kuwaiti economy, while reducing unnecessary regulatory burdens associated with transactions lacking meaningful local effects. This approach reflects an emerging international trend toward a more effects-based and economically grounded application of merger control rules.

In addition to clarifying jurisdictional requirements, the reforms introduced a number of procedural enhancements designed to improve the efficiency and credibility of the review process. Notably, strengthened confidentiality safeguards were adopted to provide greater protection for commercially sensitive information submitted by notifying parties. These measures are intended to encourage more comprehensive cooperation with the Authority while mitigating concerns regarding the disclosure of strategic business data during merger proceedings.⁹

Taken together, the 2026 reforms represent a further step in the maturation of Kuwait’s competition law regime. By narrowing the scope of review to transactions with a meaningful domestic nexus and reinforcing procedural protections, the CPA has sought to create a more transparent, predictable, and business-oriented merger control framework while preserving its ability to intervene in transactions that may adversely affect competition in Kuwaiti markets.

V. Iraq's First Merger Control Guidelines

A landmark competition law development in 2026 occurred in Iraq with the publication of the country’s first merger control guidelines by the Iraqi Competition and Anti-Monopoly Council (“CAC”). The issuance of these guidelines represents a significant milestone in the evolution of Iraq’s competition regime, providing much-needed interpretative guidance in an area that had previously been characterized by limited regulatory clarity. By offering a more structured framework for merger review, the CAC has taken an important step toward enhancing legal certainty and increasing confidence among domestic and foreign investors.¹⁰

The guidelines provide detailed explanations regarding notification obligations, filing requirements, review procedures, and the substantive criteria applicable to the assessment of proposed transactions. In doing so, they contribute to a more transparent and predictable merger control process while helping businesses better understand their regulatory obligations. A particularly distinctive feature of the Iraqi regime is its continued reliance on market-share-based notification thresholds rather than the turnover-based criteria adopted in many other jurisdictions. While this approach reflects Iraq’s existing legislative framework, it may create practical challenges for multinational companies seeking to assess filing requirements in complex or rapidly evolving markets.¹¹

Despite these challenges, the publication of the guidelines constitutes a major step forward in the institutional development of Iraqi competition law. Beyond improving transparency and predictability, the guidance signals the CAC’s intention to adopt a more active and structured approach to merger enforcement. As Iraq continues to strengthen its competition framework, these guidelines are likely to serve as an important foundation for the development of a more mature and effective merger control regime aligned with broader regional and international trends.

VI. Saudi Arabia and the Expansion of Competition Enforcement

Saudi Arabia continues to stand out as one of the most active and institutionally advanced competition law jurisdictions in the MENA region. The General Authority for Competition (“GAC”) has steadily expanded its enforcement capabilities, technical expertise, and regulatory reach in recent years, and this trajectory of institutional development continued throughout 2026. As competition policy assumes a more prominent role within the Kingdom’s broader economic reform agenda, the GAC has increasingly positioned itself as a key regulatory actor responsible for safeguarding competitive market structures and promoting efficient economic outcomes.¹²

Much of this evolution has been driven by the ambitious economic transformation program embodied in Vision 2030. The Kingdom’s efforts to diversify its economy beyond hydrocarbons have generated substantial investment and transaction activity across a wide range of sectors, including technology, healthcare, digital gaming, infrastructure, logistics, telecommunications, and financial services. The resulting increase in complex mergers, acquisitions, and strategic partnerships has required the GAC to adopt a more sophisticated and economically informed approach to competition enforcement.¹³

In response, the Authority has increasingly relied on advanced economic analysis in both merger review proceedings and investigations involving potentially anti-competitive conduct. Rather than focusing solely on formal market structures, the GAC has demonstrated a growing willingness to assess competitive dynamics through detailed evaluations of market power, barriers to entry, innovation effects, and long-term consumer welfare implications. This reflects the broader maturation of Saudi Arabia’s competition regime and its convergence with internationally recognized enforcement practices.

More broadly, Saudi Arabia’s approach illustrates how competition law is being integrated into the Kingdom’s wider economic modernization strategy. By strengthening institutional capacity, enhancing enforcement sophistication, and providing greater regulatory certainty for businesses, the GAC seeks to foster both effective competition and investor confidence. As a result, Saudi Arabia is increasingly emerging as a regional benchmark for competition law enforcement and regulatory development within the MENA region.

VII. The Increasing Role of Regional Competition Authorities

Competition policy developments within the MENA region are no longer driven exclusively by national authorities. As cross-border trade, investment, and corporate activity continue to expand, regional institutions have assumed an increasingly important role in the enforcement and coordination of competition law. This trend reflects the growing recognition that many competitive dynamics, particularly those involving multinational undertakings and regional markets, cannot be addressed effectively through purely domestic regulatory frameworks.

The COMESA Competition Commission (“CCC”) remains one of the most influential supranational competition authorities operating in the broader region. Responsible for reviewing transactions with effects across multiple member states, the Commission has continued to strengthen its role in merger control and market oversight. During 2026, the CCC devoted increasing attention to issues arising in digital markets, including technology platforms, data-driven business models, and the competitive implications of the digital economy, reflecting broader global enforcement trends.¹⁴

A similar evolution can be observed in the activities of the ECOWAS Regional Competition Authority (“ERCA”), which has adopted a more expansive approach to competition enforcement. In addition to traditional competition law considerations, ERCA increasingly incorporates broader public-interest objectives—including employment, investment, industrial development, and economic growth—into its assessment framework.¹⁵ Taken together, these developments demonstrate the growing significance of regional governance mechanisms in shaping competition policy across emerging markets and highlight an ongoing shift toward more coordinated and institutionally integrated approaches to competition regulation.

VIII. Digital Markets as a New Enforcement Frontier

Perhaps the most significant substantive competition law trend observed across the MENA region in 2026 concerns the growing importance of digital markets. Competition authorities have increasingly directed their attention toward digital platforms, online marketplaces, artificial intelligence applications, cloud-based services, and data-driven business models, reflecting the rapid digitalization of regional economies. As digital ecosystems continue to expand and play a central role in commerce and innovation, regulators have become more attentive to potential competition concerns relating to market power, network effects, access to data, and barriers to entry.¹⁶

The influence of global developments in digital competition policy—particularly the European Union’s Digital Markets Act (“DMA”) and the broader international debate surrounding the regulation of large digital platforms—is increasingly evident across several MENA jurisdictions. Although no regional authority has yet adopted a comprehensive ex ante regulatory framework comparable to that of the European Union, policymakers and competition agencies have demonstrated growing awareness of the risks associated with exclusionary conduct, self-preferencing practices, data concentration, and the strategic use of digital ecosystems to reinforce market power.¹⁷

This trend is closely linked to the broader economic transformation agendas pursued throughout the region, many of which place digital innovation, artificial intelligence, and technology-driven growth at the center of national development strategies. As governments continue to invest heavily in digital infrastructure and emerging technologies, competition authorities are likely to face increasingly complex questions concerning platform governance, data access, algorithmic decision-making, and innovation-based competition. Consequently, digital markets are poised to become one of the most prominent and strategically important areas of competition law enforcement in the MENA region in the years ahead.

IX. Conclusion

The first half of 2026 represents a turning point in the institutional development of competition law across the MENA region. The implementation of merger control reforms in the UAE, Egypt, Kuwait, and Iraq; the expansion of enforcement activities in Saudi Arabia; and the growing influence of regional institutions such as COMESA and ERCA collectively demonstrate the increasing centrality of competition law within regional economic governance.

Although significant differences remain among national competition regimes, the overall trajectory points toward greater convergence with international best practices. Enhanced merger control systems strengthened institutional capacity, and increased attention to digital markets suggest that competition law in the MENA region will continue to evolve into a more predictable, transparent, and economically sophisticated framework capable of supporting long-term investment and sustainable economic growth.

Bibliography

^{1 OECD, Competition Law and Policy in the Middle East and North Africa Region (OECD Publishing 2024).}

^{2 UNCTAD, Competition Law and Policy and the Digital Economy (United Nations 2024).}

^{3 Federal Decree-Law No. 36 of 2023 on the Regulation of Competition (UAE).}

^{4 UAE Ministry of Economy, Implementing Regulations to Federal Decree-Law No. 36/2023 (2026).}

^{5 Bremer Law Firm, 'UAE Competition Authority Launches First Investigation' (2026).}

^{6 Egyptian Competition Authority, Merger Control Guidelines and Regulatory Updates (2026).}

^{7 OECD, Competition Trends in Emerging Markets 2025–2026 (2026).}

^{8 Competition Protection Agency (Kuwait), Merger Control Amendments (2026).}

^{9 Bremer Law Firm, 'Amendments to Kuwaiti Merger Control Framework' (2026).}

^{10 Iraq Merger Control 2026, CAC Guidelines, Thresholds and How to Obtain M&A Clearance, Global Law Experts (2026).}

^{11 petition and Anti-Monopoly Council, Merger Control Guidelines (2026).}

^{12 General Authority for Competition (Saudi Arabia), Annual Report 2025/2026.}

^{13 Saudi Vision 2030 Program Reports (2026).}

^{14 COMESA Competition Commission, Annual Report 2026.}

^{15 ECOWAS Regional Competition Authority, Policy Update 2026.}

^{16 OECD, Competition in Digital Markets: Emerging Jurisdictions (2025).}

^{17 Regulation (EU) 2022/1925 on Contestable and Fair Markets in the Digital Sector (Digital Markets Act).}

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.