UAE competition rules expand dominance assessment beyond market share thresholds

The UAE's competition regime has undergone a significant transformation with the adoption of Cabinet Resolution No. 59 of 2026, which introduces Executive Regulations to Federal Decree-Law No. 36 of 2023 on the Regulation of Competition. The regulations establish a detailed procedural framework for obtaining individual exemptions and implementing block exemptions. Individual exemptions enable undertakings to seek approval for specific agreements that would otherwise fall within the scope of the prohibition on anti-competitive agreements. The Ministry must issue its decision within 90 days of receiving a complete application, extendable by up to 45 days. Block exemptions apply to predefined categories of agreements designated by the Ministry, allowing qualifying agreements to benefit from an exemption without the need for an individual application. The regulations introduce an important clarification to the assessment of dominance. While Cabinet Resolution No. 3 of 2025 establishes a rebuttable presumption of dominance where an undertaking holds a 40% market share, the new regulations make clear that market share is not determinative. An undertaking may be found dominant even below the 40% threshold where other indicators demonstrate that it possesses substantial market power. The Ministry must consider a broader range of indicators, including technological superiority, business model, financial resources and other characteristics capable of demonstrating ability to influence the relevant market.