MENA Merger Rules in Transition

Key changes to the transaction playbook in Saudi Arabia, UAE, and Egypt

Dealmakers need to assess the rapidly evolving merger control landscape in the MENA region at an early stage in M&A and joint venture transactions to ensure their deals stay on track. Recent experience shows an increasing scrutiny by merger authorities that may have competition issues for local markets. 

Triggers and thresholds for merger control notifications, and guidance on how the relevant merger authority may assess these thresholds, have changed recently in the United Arab Emirates and the Kingdom of Saudi Arabia. Where a transaction is notifiable to the local merger authority, this can bring greater complexity and create additional conditionality and hurdles to closing. 

New guidance issued by various regulators in the region has now provided parties with more certainty on the contours of merger control regulations. These will have an effect on both deal timeline and substantive assessment for transactions going forward. In this note, we summarise some important developments that have taken place in Saudi Arabia, UAE and Egypt.