# Competition Law Guide: Prohibited Practices and Economic Concentration The Competition Law in Saudi Arabia aims to promote a fair investment environment that stimulates innovation and protects consumer and establishment rights. In this article, we discuss the first axis of the Law: **Prohibitions and Economic Concentration**. ## First: Prohibited Practices between Competitors The Law prohibits any agreements or contracts between competing establishments (whether written or oral) aimed at violating competition, most notably: - **Price Fixing:** Agreement to raise, lower, or fix prices of goods or services. - **Market Sharing:** Agreement to divide markets by geographic regions, customers, or seasons. - **Tender Collusion:** Coordination between applicants in government or private tenders to manipulate prices or award (such as submitting cover bids). - **Freezing Production:** Agreement to reduce offered quantities to control price. ## Second: Abuse of Dominant Position The Law does not prevent the existence of a strong establishment in the market, but prohibits **exploiting this power** to harm competitors. ### When is an establishment in a "Dominant Position"? An establishment (or group) is considered dominant if: - Its market share reaches **40% or more**. - Or it possesses the **ability to influence** prevailing prices in the market (even if its share is lower). ### Forms of Prohibited Abuse: - Selling below cost to drive out competitors (Predatory Pricing). - Creating artificial shortage in goods to raise prices. - Imposing arbitrary conditions or refusing dealing without justification. ## Third: Economic Concentration (M&A) The Law requires establishments wishing to merge or acquire to report to the General Authority for Competition and obtain its prior approval. ### Reporting Conditions: - **Financial Threshold:** If the total annual sales of all parties exceed **200 Million Riyals**. - **Deadline:** Must report at least **90 days** before completing the deal. ### Evaluation Process and Decision: The Authority studies the request within 90 days, considering the deal's impact on competition, consumer interest, and freedom of entry for new competitors. The decision takes one of these forms: - **Full Approval.** - **Conditional Approval:** (e.g., selling some assets to ensure no monopoly). - **Rejection:** If the harm to competition outweighs economic benefits. > **Important Note:** If the 90-day period passes without a decision from the Authority, this is considered **implicit approval** of the deal. **Conclusion:** Establishments must review their commercial policies to ensure non-involvement in restrictive agreements, and adhere to disclosure requirements when entering major merger deals to avoid strict penalties discussed in the next article.