Competition Protection and Anti-Monopolistic Practices
We are committed to ensuring a fair market, promoting fair competition, and protecting the rights of consumers in Qatar
Rules Applicable to the Submission and Examination of Notifications
Rules applicable to the submission and examination of notifications concerning the acquisition of assets, ownership rights or usufruct rights, the purchase of shares, the establishment of combinations or mergers, or the joint management of two or more legal persons (in accordance with Article (10) of Law No. (19) of 2006 on the Protection of Competition and the Prevention of Monopolistic Practices).
1. A company wishing to complete one of the transactions provided for in Article (10) of Law No. (19) of 2006 on the Protection of Competition and the Prevention of Monopolistic Practices shall notify the Competition Protection and Prevention of Monopolistic Practices Committee (hereinafter referred to as “the Committee”) in writing before completing the said transaction.
2. The notification shall be submitted to the Committee electronically through the ministry's Unified System, together with all supporting documents substantiating the information provided therein.
3. The application shall be lodged with the Committee's secretariat during official working hours.
4. Upon receipt of the notification, the notifying party shall be provided with an acknowledgment of receipt.
5. The receipt issued by the Committee's secretariat shall constitute proof of the lodging of the application and of the date of lodging.
6. The Committee's secretariat shall maintain, in the prescribed form, a regular register in which applications for approval of the transactions covered by the notification are recorded.
7. The Committee shall maintain and publish, in the prescribed form, a register in which the decisions relating to notification applications within the meaning of Article (10) of Law No. (19) of 2006 on the Protection of Competition and the Prevention of Monopolistic Practices are recorded.
2. The notification shall be submitted to the Committee electronically through the ministry's Unified System, together with all supporting documents substantiating the information provided therein.
3. The application shall be lodged with the Committee's secretariat during official working hours.
4. Upon receipt of the notification, the notifying party shall be provided with an acknowledgment of receipt.
5. The receipt issued by the Committee's secretariat shall constitute proof of the lodging of the application and of the date of lodging.
6. The Committee's secretariat shall maintain, in the prescribed form, a regular register in which applications for approval of the transactions covered by the notification are recorded.
7. The Committee shall maintain and publish, in the prescribed form, a register in which the decisions relating to notification applications within the meaning of Article (10) of Law No. (19) of 2006 on the Protection of Competition and the Prevention of Monopolistic Practices are recorded.
1. After receiving the notification accompanied by the prescribed documents, the Committee may request the parties concerned to submit any additional documents or information it considers necessary for examining the application, provided that the request made by the Committee for this purpose shall be:
1.1 In writing.
1.2. One in which the documents or information required are specified with full precision.
2. The parties concerned shall provide the Committee with the requested documents within a period to be determined, running from the date of receipt of the request addressed to them for this purpose. Where that time limit is exceeded, the time limit laid down in Article (10) of Law No. (19) of 2006 on the Protection of Competition and the Prevention of Monopolistic Practices for the implied decision approving the transaction subject to notification to arise shall be extended by the number of days by which the notifying party delays in providing what is requested of it. The extension of the time limit is conditional upon the Committee informing the notifying party in writing that the time limit will be extended, stating the reasons for this. The extension of the time limit shall continue until the notifying party has submitted all the information, documents and records required of it.
3. The Committee may assign the Competition Protection Department (at the Ministry of Commerce and Industry) to study the notification, to set out the repercussions of the legal transaction contained in it on the market concerned and its possible effects on competition, and to provide it with a report for this purpose.
4. The Competition Protection Department may request the parties concerned to provide any additional information or data on the transaction subject to notification, in accordance with the forms and time limits provided for in item (2-1) above.
1.1 In writing.
1.2. One in which the documents or information required are specified with full precision.
2. The parties concerned shall provide the Committee with the requested documents within a period to be determined, running from the date of receipt of the request addressed to them for this purpose. Where that time limit is exceeded, the time limit laid down in Article (10) of Law No. (19) of 2006 on the Protection of Competition and the Prevention of Monopolistic Practices for the implied decision approving the transaction subject to notification to arise shall be extended by the number of days by which the notifying party delays in providing what is requested of it. The extension of the time limit is conditional upon the Committee informing the notifying party in writing that the time limit will be extended, stating the reasons for this. The extension of the time limit shall continue until the notifying party has submitted all the information, documents and records required of it.
3. The Committee may assign the Competition Protection Department (at the Ministry of Commerce and Industry) to study the notification, to set out the repercussions of the legal transaction contained in it on the market concerned and its possible effects on competition, and to provide it with a report for this purpose.
4. The Competition Protection Department may request the parties concerned to provide any additional information or data on the transaction subject to notification, in accordance with the forms and time limits provided for in item (2-1) above.
1. When considering an application for approval of the transaction submitted to it (the acquisition of assets, ownership rights or usufruct rights, the purchase of shares, the establishment of combinations or mergers, or the joint management of two or more legal persons), the Committee shall ascertain whether it is liable to have an effect on the state of competition in the market concerned, by assessing the following matters:
1.1. The level of actual competition and of potential competition in the market after completion of the transaction subject to notification.
1.2. The ease of entry into the market, including the cost of investment and administrative barriers, if any.
1.3. The level of anti-competitive conduct in the market, its trends and its history.
1.4. The likelihood that the economic concentration will give rise to the merged parties acquiring market power that affects the position of the other competitors and market participants.
1.5. The dynamic characteristics of the market, including the ability of the undertakings present in it to grow and to innovate.
2. If, through the assessment of the foregoing elements, it appears to the Committee that the transaction subject to notification is liable to weaken or obstruct competition, it shall ascertain the following:
2.1. Whether the transaction subject to notification is likely to give rise to any technological efficiency or any other gain that outweighs the effects of preventing or restricting freedom of competition.
2.2. Whether the transaction subject to notification can be justified on the basis of its achieving the public interest.
3. In assessing the effects on competition of the transaction subject to notification, the Committee shall take the following into account in its assessment:
3.1. Preserving effective competition between producers of goods and services and their distributors in the area, and encouraging it.
3.2. Promoting the interests of consumers, purchasers and other users in the area with regard to the type, price and quality of such goods and services.
3.3. Encouraging, through competition, the reduction of costs, the development of new goods, and the facilitation of the entry of new competitors into the market.
1.1. The level of actual competition and of potential competition in the market after completion of the transaction subject to notification.
1.2. The ease of entry into the market, including the cost of investment and administrative barriers, if any.
1.3. The level of anti-competitive conduct in the market, its trends and its history.
1.4. The likelihood that the economic concentration will give rise to the merged parties acquiring market power that affects the position of the other competitors and market participants.
1.5. The dynamic characteristics of the market, including the ability of the undertakings present in it to grow and to innovate.
2. If, through the assessment of the foregoing elements, it appears to the Committee that the transaction subject to notification is liable to weaken or obstruct competition, it shall ascertain the following:
2.1. Whether the transaction subject to notification is likely to give rise to any technological efficiency or any other gain that outweighs the effects of preventing or restricting freedom of competition.
2.2. Whether the transaction subject to notification can be justified on the basis of its achieving the public interest.
3. In assessing the effects on competition of the transaction subject to notification, the Committee shall take the following into account in its assessment:
3.1. Preserving effective competition between producers of goods and services and their distributors in the area, and encouraging it.
3.2. Promoting the interests of consumers, purchasers and other users in the area with regard to the type, price and quality of such goods and services.
3.3. Encouraging, through competition, the reduction of costs, the development of new goods, and the facilitation of the entry of new competitors into the market.
1. The notifying party and the other companies concerned may complete the procedures of the transaction that was notified (the acquisition of assets, ownership rights or usufruct rights, the purchase of shares, the establishment of combinations or mergers, or the joint management of two or more legal persons) in the following cases:
1.1. Receipt of a letter from the Committee expressly approving the application.
1.2. The lapse of a period of (90) days from the date of submission of the notification (according to the date specified in the notification receipt) without the Committee notifying them in writing of its refusal to approve the transaction subject to notification.
1.3. The lapse of a period of (90) days from the date of submission of the application, plus the period of extension of the said time limit on account of the notifying party's failure to provide the documents and information required of it.
2. If it appears to the Committee that the transaction notified to it is liable to cause the creation of a dominant position, in a manner that gravely restricts freedom of competition, or that clearly affects the position of the other competitors and market participants, it may issue a decision to the parties concerned setting out the following binding measures:
2.1. Declaring the merger unlawful.
2.2. Requiring any person to take steps leading to the dissolution of any establishment, whether incorporated or unincorporated, or to the termination of any partnership entered into before obtaining the Committee's approval.
2.3. Conditional approval of the transaction subject to notification, by making it subject to the parties concerned complying with any restrictions, conditions or precautions that the Committee considers it useful to implement in order to limit the negative effects of the said transaction.
1.1. Receipt of a letter from the Committee expressly approving the application.
1.2. The lapse of a period of (90) days from the date of submission of the notification (according to the date specified in the notification receipt) without the Committee notifying them in writing of its refusal to approve the transaction subject to notification.
1.3. The lapse of a period of (90) days from the date of submission of the application, plus the period of extension of the said time limit on account of the notifying party's failure to provide the documents and information required of it.
2. If it appears to the Committee that the transaction notified to it is liable to cause the creation of a dominant position, in a manner that gravely restricts freedom of competition, or that clearly affects the position of the other competitors and market participants, it may issue a decision to the parties concerned setting out the following binding measures:
2.1. Declaring the merger unlawful.
2.2. Requiring any person to take steps leading to the dissolution of any establishment, whether incorporated or unincorporated, or to the termination of any partnership entered into before obtaining the Committee's approval.
2.3. Conditional approval of the transaction subject to notification, by making it subject to the parties concerned complying with any restrictions, conditions or precautions that the Committee considers it useful to implement in order to limit the negative effects of the said transaction.