This week, the Egyptian Competition Authority (ECA) issued three price-fixing cartel cases against 21 of the major producers of table eggs, including board members of the Table Eggs Chamber, which is part of the General Union of Chicken Producers. In those cases, the Cartel Members agreed on the selling price of white and red table eggs, violating Article 6 of the Egyptian Competition Law No. 3 of 2005. The ECA initiated criminal proceedings before the public prosecution office for the Cartel Members and did not settle the case.

Ahead of the coming into force of the new Egyptian merger control regime on 1st of June 2024, the Egyptian Competition Authority (ECA) today published its new notification form as well as questions and answers providing clarifications to merger parties. The ECA had received feedback that its proposed jurisdictional thresholds were too broad leading to transactions with no impact on the Egyptian market needing to be notified. To address these concerns, the ECA has narrowed down its jurisdictional thresholds, clearly requiring a local nexus for transactions. The ECA has also created a simplified procedure and fast track process for certain transactions.

The Egyptian Competition Authority (ECA) recently issued its first vertical restraints case prohibiting the vertical agreement between eight manufacturers and suppliers, along with their distributors (organized/hypermarkets and independent merchants). The ECA stated that were they found to have agreed on setting the minimum fixed resale price maintenance (RPM) and adopted Most Favored Nation clauses (MFN) in distribution contracts of household electrical appliances. This conduct was deemed a violation of Article 7 of the Egyptian Competition Law No. 3 for 2005.

On 4 April 2024, the Executive Regulation of the new Egyptian pre-merger control regime was officially published by Prime Minister Decree No. 1120 of 2024. The ER introduces the implementing regulations for the newly established pre-merger control regime issued by the Law number 175 of 2022 which empowers the Egyptian Competition Authority with significant powers in reviewing and approving transactions. The ER states that it will enter into force on 1 June 2024, i.e. transactions that close on or after 1 June 2024, and meet the prescribed thresholds, must obtain prior approval from the ECA.

The Egyptian Parliament has approved amendments to the Law number 3 of 2005 on the Protection of Competition and the Prohibition of Monopolistic Practices (ECL), introducing for the first time a mandatory pre-merger notification regime in Egypt. Until now, the ECL had only a post-merger notification system which did not give the Egyptian Competition Authority any powers to assess, approve or block a transaction. The amendments are expected to be published in the Official Gazette and enter into force during December 2022.

What has changed

On 16 July 2020, the Board of Directors of the National Food and Safety Authority (“NFSA”) issued a decision No. 6 for 2020 setting rules for regulating the importation of food in Egypt (the “Decision”). Before the issuance of this Decision, imported food was subject to the general standard requirements of importation license. However, this Decision prohibited any food facility or food importer, whether a natural person or a company to undertake any activity of food importation without obtaining the prior license from the NFSA.

What has changed

On 16 July 2020, the Board of Directors of the National Food and Safety Authority (“NFSA”) issued a decision No. 6 for 2020 setting rules for regulating the importation of food in Egypt (the “Decision”). Before the issuance of this Decision, imported food was subject to the general standard requirements of importation license. However, this Decision prohibited any food facility or food importer, whether a natural person or a company to undertake any activity of food importation without obtaining the prior license from the NFSA.

What’s changed The Egyptian Prime Minister has established a ministerial committee under the Intellectual Property Law No. 82/2002 (“IP Law”) for compulsory licensing. The compulsory licensing mechanism as set by the IP Law covers all sorts of patents in all sectors of the economy. The ministerial committee will (i) order…

What has changed Parties to a horizontal cooperation agreement and potentially parties to certain horizontal mergers or acquisitions may be required to obtain the prior approval of the Egyptian Competition Authority (ECA). On 29 December 2019, the ECA announced that it has conditionally cleared its first pre-merger notification under the…

Download publication Antitrust law in Africa is growing at a rapid rate with the introduction of laws and regulations, increase in memberships to regional antitrust bodies and ramped-up enforcement by domestic and regional regulators. Since the beginning of 2018, domestic competition legislation has been enacted in Angola and Nigeria, and…