The main instrument is Law No. 3 of 2005 on the Protection of Competition and the Prohibition of Monopolistic Practices. It was amended in 2022 to move Egypt from post-closing notification to a pre-closing merger control regime, with implementing rules following afterwards. The Egyptian Competition Authority administers it. In some regulated sectors the ECA works next to a sector regulator, such as the Financial Regulatory Authority or the telecoms regulator, and the two mandates can overlap.
What foreign companies most often get wrong is the trigger. A transaction signed entirely outside Egypt, between two non-Egyptian parties, can still require an Egyptian filing if the turnover or asset thresholds are met through local subsidiaries or local sales. Global closing calendars are built without that step, and then the deal waits. The other recurring problem is the distribution agreement: exclusivity, resale price terms, and territorial restrictions that pass without comment in Europe are read differently here.
Our services in this area include:
- ECA merger control notifications
- Turnover threshold assessments
- Pre-signing competition risk reviews
- Distribution and agency agreement clearance
- Resale price maintenance advice
- Abuse of dominance defence
- Cartel and bid-rigging investigations
- Responses to ECA information requests
- Dawn raid preparation and attendance
- Settlement and conciliation with the ECA
- Competition compliance programmes
- Board and sales team training
- Joint venture and consortium review
- Complaints filed against competitors
- Appeals before the competent courts
- Coordination with foreign merger filings
- Sector regulator liaison
- Public procurement competition issues
The law ties fines to turnover in the relevant market, and they can run high. Certain conduct also exposes managers personally. Figures follow the conduct and the circumstances, so we assess each file on its facts rather than quoting a number early.
Much of the work is preventive. We would rather see the agreement in draft than after a competitor has complained.
Frequently Asked Questions
In most cases, yes, if the transaction meets the thresholds. Since the 2022 amendments, qualifying parties must obtain clearance from the Egyptian Competition Authority before they close, rather than notifying afterwards.
It can. If the parties hold sufficient turnover or assets connected to Egypt, they may still have to file here, even where no party is Egyptian and they sign the agreement abroad.
The ECA typically calculates fines as a percentage of turnover in the relevant market, and the law also sets alternative fixed ranges. Managers who knew about the conduct may face personal liability.
Often, but not automatically. The ECA can treat exclusivity as a restrictive agreement once it combines with price control, territorial limits, or customer allocation. Review the terms before you sign.
