Published online by Cambridge University Press: 09 January 2020
Competition laws and policies play an important role in developing countries. More than 130 countries have adopted either a competition law or a similar framework of anti-monopoly laws that aims to improve social welfare. Most African countries have already started developing their competition regimes, and regional trade organizations in Africa have provided competition sections in their free trade agreements to enhance enforcement cooperation. For fledgling competition regimes in Africa, the improvement of effective public enforcement and competition law culture has become an essential driver of competition law development. In particular, Egypt has demonstrated its efforts towards the modernization of competition law and the enhancement of fair and free competition, which is an example of the development of the competition regime in a developing African country. This article discusses the development of the Egyptian competition regime from a comparative perspective and suggests proposals for its further modernization.
Assistant professor, Department of Arabic, Hankuk University of Foreign Studies, South Korea.
Associate professor of law, Graduate School of International and Area Studies, Hankuk University of Foreign Studies, South Korea.
This work was supported by the Hankuk University of Foreign Studies Research Fund.
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16 Egypt adopted its first comprehensive competition act in 2005: Law No 3 of 2005 on the Protection of Competition and the Prohibition of Monopolistic Practices.
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26 The ECA often emphasizes the concept of the free market. See ECA “Free market”, above at note 20.
27 For example, Dabbah Competition Law and Policy, above at note 17 at 6.
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37 Id at 6–7.
38 Id at 6 and 9.
39 Id at 10.
40 Art 5 of the Act articulates its extraterritorial application to undertakings whose acts result in “the prevention, restriction, [of] or harm [to] the freedom of competition” in the Egyptian market, which constitutes a crime under the Act.
41 ECA “General policy”, above at note 35 at 9–12.
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50 A vertical agreement that impedes competition is often considered to be a hardcore restriction with regard to trade between countries because it forecloses the market.
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55 For further detail about the ECA's decision on beIN and CNE in 2017, see E Solyman “Egyptian Competition Authority watchdog says beIN Sports agreement with CNE legally invalid” (12 July 2017) Daily News Egypt, available at: <https://wwww.dailynewssegypt.com/2017/07/12/egyptian-competition-authority-watchdog-says-bein-sports-agreement-cne-legally-invalid/> (last accessed 27 November 2019). A number of court decisions relating to beIN Sports were made, including decisions of the Economic Criminal Court of Appeal in Cairo nos 2017-280 and 2017-1507. For further discussion of the trend towards regional cooperation regarding competition enforcement, see Fox “World competition law”, above at note 53 at 237.
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63 See ECA decisions (in Arabic), available at: <http://www.eca.org.eg/ECA/upload/Publication/Attachment_E/122/عرض%20التقرير.pdf>, <http://www.eca.org.eg/ECA/upload/Publication/Attachment_E/123/عرض%20التقرير.pdf>, <http://www.eca.org.eg/ECA/upload/Publication/Attachment_A/113/عرض%20التقرير.pdf> and <http://www.eca.org.eg/ECA/upload/Publication/Attachment_A/114/عرض%20التقرير.pdf> (all last accessed 28 November 2019).
65 See “Decision on Telecom Egypt” (ECA press release, in Arabic), available at: <http://www.eca.org.eg/ECA/upload/Publication/Attachment_E/123/عرض%20التقرير.pdf> (last accessed 28 November 2019).
66 For example, case 85/76, Hoffman-La Roche v Commission, ECLI:EU:1979:36.
67 See ECA “2017 annual report” (in Arabic) at 13–15, available at: <http://www.eca.org.eg/ECA/upload/Announcement/Attachment_A/86/Annual%20Report%202017-Final.pdf> (last accessed 28 November 2019).
68 Case nos 2017-280 and 2017-1507, above at note 55.
69 “Egypt fines Qatar's beIN Sports CEO Nasser Al-Khelaidfi $22 million” (30 January 2018) Al Arabiya English, available at: <http://english.alarabiya.net/en/sports/2018/01/30/Egypt-fines-Qatari-Nasser-Al-Khelaifi-400-million-pounds-in-corruption-case.html> (last accessed 17 November 2019).
70 El Far and Momtaz “Egyptian competition enforcement”, above note at 56 at 588–89.
71 SA Alam “Proving a cartel without leniency programme: The Egyptian experience” The ICN Workshop, available at: <http://old.internationalcompetitionnetwork.org/uploads/library/doc724.pdf> (last accessed 27 November 2019).
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74 Furse Antitrust Law, above at note 48 at 259. Korean competition law includes a unique provision regarding unfair business practices that covers all types of commercial acts, the so-called catch-all provision.
75 See, for example, Kim, D-H “Classification of Islamic unfair transactions upon the view of modern competition law in South Korea” (2018) 22 Arabic Language & Literature 121Google Scholar; Kim “The meaning of fair trade law”, above at note 31.
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78 For example, the Korean Competition Act provides a presumption of market dominance when an undertaking's market share exceeds 50%, or when the total market share of three undertakings is above 75%. The Chinese Competition Act also provides a similar framework. For further detail, see Harris, HS et al. Anti-Monopoly Law and Practice in China (2011, Oxford University Press) at 96Google Scholar.
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86 “COMESA Competition Commission”, above at note 24.
87 There were critical issues surrounding the ECA's independence and its powers relating to sanctions. See, for example, Waked “Law, society and the market”, above at note 15 at 13.
88 There has been external pressure by the US in pursuit of a democratization agenda in Islamic countries. See, for example, Dabbah Competition Law and Policy, above at note 17 at 237.
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90 Dabbah Competition Law and Policy, above at note 17 at 24.
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