On 06/8/1441H (corresponding to 30 March 2020), the General Authority for Competition (the Authority) issued the anticipated Merger Control Guidelines (the Guidelines) that aim to provide some clarification and interpretative guidance on merger control related provisions of the Competition Law issued by Royal Decree no. M/75 dated 29/6/1440H (corresponding to 6 March 2019 (the Competition Law) and its Implementing Regulations issued by a resolution of the Board of Directors of the Authority on 25/1/1441H (corresponding to 24 September 2019) (the Implementing Regulations). 

This alert summarizes the most significant provisions of the Guidelines, including the:

  • Notifiable transactions under the Competition Law and the Implementing Regulations;
  • Calculation of the merger control threshold;
  • Calculation of the total annual value of sales;
  • Groups of companies; and
  • Financial periods to be considered.

To view the full article, please click here or the Download Alert button below.

For further details on the Guidelines and its practical impact on your operations in Saudi Arabia, please do not hesitate to contact our Saudi Competition team.

Author

David Monnier is a Corporate partner and Head of the Saudi Competition Practice Group of Legal Advisors In Association with Baker McKenzie Limited, based in Riyadh. David advises both Saudi Arabian and foreign clients across a broad range of sectors on international mergers and acquisitions, joint ventures and other strategic corporate transactions.

Author

George Sayen is the Head of the Corporate practice in the Gulf and the Co-Managing Partner of the associated offices in Riyadh and Jeddah. He has been residing in Riyadh and handling Saudi legal matters since 1987, actively advising Saudi Arabian and foreign clients on full range of corporate and commercial law matters including corporate/commercial transactions, major projects, M&A, employment, joint ventures, government contracting and competition law.

Author

Abdulrahman AlAjlan is the Head of the Saudi Litigation Practice Group of Legal Advisors In Association with Baker McKenzie Limited. With 15 years of litigation and commercial experience, he represents clients at the Sharia Courts, the Board of Grievance, the SAMA Committee, Labor Committee, Committee for Negotiable Instruments and all other courts and tribunals. Abdulrahman has extensive arbitration experience, both as an arbitrator and also representing clients in arbitration proceedings.

Author

Samar Baharon joined Legal Advisors Abdulaziz Alajlan & Partners in 2018 and has actively advised both Saudi Arabian and foreign clients on a wide range of corporate and commercial transactions and general corporate and advisory matters, including public M&A transactions and rights issues. Samar also assists foreign investors looking to invest in Saudi Arabia.

Author

Hisham Attar joined Legal Advisors Abdulaziz Alajlan & Partners in 2019. Hisham has advised both Saudi Arabian and foreign clients in a wide range of corporate and commercial transactions, including public M&A transactions, and general corporate and advisory matters in the areas of competition, antitrust and capital markets.

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