Competition Law

On 20 April, the UAE adopted Cabinet Decision No. (59) of 2026 (“the 2026 Executive Regulations”), setting out the executive regulations for Federal Decree-Law No. (36) of 2023 on the Regulation of Competition. The 2026 Executive Regulations replace the previous implementing regulations adopted in 2014 under the former UAE competition law. They are expected to enter into force on 20 July 2026.

Taken together, the adoption of Federal Decree-Law 36 on Regulating Competition of 2023, Cabinet Resolution No. (3) of 2025 establishing the new filing thresholds, and the subsequent adoption of the 2026 Executive Regulations complete a long-anticipated overhaul of the UAE merger control framework. These measures mark a decisive shift towards a fully operational and modern merger control regime. The 2026 Executive Regulations significantly streamline the notification process, introduce enhanced timing certainty, and create a clear pathway for third parties to engage with the Competition Department of the Ministry of Economy & Tourism (“Competition Department”) to influence the outcome of merger reviews.

More broadly, the 2026 Executive Regulations introduce important changes to various aspects of UAE’s competition law framework, including measures relating to behavioural competition enforcement and procedures. In combination with other recent competition policy and enforcement actions, the 2026 Executive Regulations signal the UAE’s ambition to bring its competition and merger control framework in line with international best practice.

This article focuses on the main revisions to the UAE merger control framework, before briefly outlining the wider changes introduced to the UAE’s behavioural competition regime by the 2026 Executive Regulations.

Continue Reading The UAE’s New Merger Control Framework: What the 2026 Executive Regulations Mean for Dealmakers

On 2 June 2025, the European Commission (“Commission”) fined the food delivery companies Delivery Hero and Glovo EUR 329 million for engaging into cartel conduct through agreeing not to poach each other’s employees, exchanging competitively sensitive information, and allocating geographic markets.

The decision signals increased antitrust scrutiny of labour-related arrangements between rivals  and…

Continue Reading European Commission issues first no-poach decision in labour markets, warning against the collusive risks of minority shareholdings

In the past several months, two state courts in the District of Columbia and California decided motions to dismiss in cases alleging that the use of certain revenue management software violated state antitrust laws in the residential property rental management and health insurance industries.  In both industries, parallel class actions are pending in federal court alleging that the same software products facilitate per se illegal hub-and-spoke price-fixing conspiracies under Section 1 of the Sherman Act.  These two state court decisions may preview how federal courts handle similar questions in the federal cases.

Continue Reading State Courts Dismiss Claims Involving the Use of Revenue Management Software in Residential Rental and Health Insurance Industries

This year, the UK’s Competition and Markets Authority (“CMA”) is set to gain a range of new enforcement powers under the Digital Markets, Competition and Consumers (“DMCC”) Act (the final text is now available here). The DMCC Act received Royal Assent on 24 May 2024. However, with certain exceptions, the Act’s provisions will not come into force until secondary legislation is passed. The CMA initially expected its new responsibilities to become operational in the Autumn, but this timeline may be delayed due to the UK’s election on 4 July. On the same day as the DMCC Act became law, the CMA published for consultation its new Digital Markets Competition Regime Guidance.

An outline of the key provisions of the DMCC Act can be found here. As the CMA sets the groundwork for exercising its powers under this new regime, this blog post considers five practical considerations for firms active in the UK.

Key takeaways:

  1. The CMA will administer the new regime through a specialist Digital Markets Unit, which was established over three years ago.
  2. The DMCC Act may diverge from the EU’s Digital Markets Act, both in the companies being designated, and the obligations imposed on designated companies.
  3. The interplay between the DMCC regime and existing regulatory obligations – particularly the GDPR – is likely to raise practical challenges.
  4. We expect the CMA to exercise its powers under the digital markets regime alongside existing antitrust tools (which the DMCC Act amends).
  5. The CMA’s jurisdictional thresholds to review mergers under the UK’s merger control regime will change as a result of the DMCC Act.
Continue Reading The UK’s New Digital Markets Regime: Some Key Takeaways

The Digital Markets, Competition and Consumers (“DMCC”) Act received Royal Assent on 24 May 2024 (the final text is now available here). The DMCC Act will only enter into force, however, when secondary commencement legislation has been enacted (with some minor exceptions). This is expected to occur in Autumn 2024, but it…

Continue Reading Overview of the UK’s New Digital Markets Regime

In line with its previous decision-making practice (see our previous sustainability blog posts here and here), on 8 May 2024, the German Federal Cartel Office (“FCO”) declared the implementation of a new European industry standard for reusable pot plant trays compatible with competition law.

Since 2021, companies and associations from the European…

Continue Reading FCO gives green light for ‘greener’ plant trays

Last summer, the antitrust agencies proposed sweeping changes to the Hart-Scott-Rodino (“HSR”) Act premerger notification form and associated rules. Covered in detail here, the proposed changes would significantly increase the time, burden, and costs on merging parties to prepare an HSR filing. The public comment period ended on September 27, 2023. Since then, the agencies have given little indication what changes would be made in response to the comments or when the proposed rules would be finalized.

Continue Reading New HSR Rules Will Be Finalized Within Weeks, According to DOJ Official

When its Anti-Monopoly Law (“AML”) went into effect in August 2008, China immediately became a significant antitrust enforcer on the world stage.  On June 24, 2022, the National People’s Congress, China’s top legislature, passed the Amendment to the Anti-Monopoly Law of the PRC (the “Amendment”), the first significant changes to the AML in nearly fourteen years.  The Amendment, which was signed into law by President Xi Jinping and published on June 24, will become effective on August 1.  It marks a major milestone in antitrust enforcement in China.

The more significant aspects of the Amendment include:

  • significantly enhanced penalties for AML violations, including the introduction of fines for individuals;
  • the introduction of a discretionary “stop-the-clock” mechanism for merger reviews;
  • the codification of a burden-shifting framework created by China’s courts that gives companies the opportunity to defend resale price maintenance agreements; and
  • new safe harbor and burden of proof provisions for matters involving vertical agreements.

Consistent with trends in other jurisdictions around the world, the Amendment also features a special focus on key economic sectors such as the digital economy.

Following the publication of the Amendment, the State Administration for Market Regulation (“SAMR”), China’s lead antitrust enforcement authority, released six sets of draft implementing regulations for public comment.  These cover subjects such as merger control and notification thresholds, anti-competitive agreements, abuse of a dominant market position, and the abuse of intellectual property rights to exclude or restrict competition.  SAMR is accepting comments on these regulations until July 27, 2022.

How Covington Can Help

Covington’s global antitrust and competition practice guides clients through the often-complex web of antitrust and competition laws around the world to help them secure their most important business objectives. Our team, which includes many attorneys who have served in senior leadership roles at government enforcement agencies and in in-house positions, has decades of collective experience advising clients regarding their global antitrust and competition concerns.  If you have any questions concerning the material discussed in this client alert, please contact any of the following members of our Antitrust/Competition practice: Jim O’Connell, James Marshall, and Alexander Wang.

This communication is intended to bring relevant developments to the attention of Covington & Burling LLP’s clients and other interested colleagues. It is not intended as legal advice. Readers should seek specific legal advice before acting with regard to the subjects mentioned herein. Please send an email to unsubscribe@cov.com if you do not wish to receive future emails or electronic alerts.

Continue Reading Significant Changes to China’s Anti-Monopoly Law to Take Effect in August

The English High Court (“High Court”) has issued an important judgment in the claim that Gemalto group companies (“Gemalto”) brought against Infineon (“Infineon”) and Renesas Electronics (“Renesas”) companies, for damages arising from the smart card chips cartel (Gemalto NV and others v Infineon Technologies AG [2022] EWHC 156 (Ch), the “Judgment”).  The claim arises from a European Commission decision in 2014.  The High Court has found that Gemalto brought its claim out of time because the limitation period started to run not when the Commission adopted that decision, but about one and a half years before that, when the Commission adopted preliminary charges in the form of a Statement of Objections.  The Judgment gives a clear signal that prospective claimants can no longer assume that the limitation period starts running from the date of a regulatory decision and gives some reassurance that potential defendants should not be on the receiving end of claims that could have been brought earlier.
Continue Reading English High Court issues warning shot to cartel damages Claimants who delay