Friday, May 21, 2010
Posted by D. Daniel Sokol
Mohamed Elfar, Queen Mary - University of London discusses Enforcement Policy of the Egyptian Competition Law.
ABSTRACT: This article explores the enforcement policy adopted by the Egyptian Competition Authority (ECA). Due to the lack of any published guidelines in this regard the author traces its policy through the publications made by the ECA and a number of key cases.
It is revealed that there are some ambiguities and inconsistencies in the enforcement policy. In certain cases the ECA strictly applies per se prohibitions and rejects any efficiency defences. However, in other cases it adopts a rule of reason analysis and focuses on proving effect rather than applying the stipulated per se prohibition. These factors and others reduce the credibility of the ECA and increase the ambiguities among the business community.
However, it is finally noted that the ECA needs more time to adjust its policies and to adopt the most relevant approach thereafter.