The definitions set forth in Federal Decree-Law No. (36) of 2023 Regulating Competition shall apply to this Resolution. Otherwise, the following words and expressions shall have the meanings assigned thereto respectively unless the context requires otherwise:
Decree-Law: Federal Decree-Law No. (36) of 2023 Regarding Regulating Competition.
Fiscal Year: A calendar year or a period of twelve (12) months for which the relevant undertakings prepare financial statements to assess the Dominant Position or Economic Concentration in accordance with the provisions of this Resolution.
 

In accordance with the provisions of Paragraph (a) of Clause (2) of Article (6) of the Decree-Law, a dominant position shall be established if the share of any undertaking, individually or in partnership with other undertakings, in the relevant market exceeds (40%) of the total transactions in the relevant market.

The provisions of Clause (1) of Article (12) of the Decree-Law shall apply to economic concentration operations that meet any of the following thresholds:
1. If the total value of annual sales of such undertakings in the relevant market within the State, during the last fiscal year, exceeds (AED 300,000,000) three hundred million dirhams; or
2. If the total share of such undertakings exceeds (40%) of the total transactions in the relevant market within the State during the last fiscal year.
 

The Minister shall issue the resolutions necessary for the implementation of this Resolution.

Cabinet Resolution No. (13) of 2016 on the Ratios and Controls Related to the Implementation of Federal Law No. (4) of 2012 Regulating Competition and any provision that contradicts or conflicts with the provisions hereof are hereby repealed.

This Resolution shall be published in the Official Gazette and shall enter into force sixty (60) days from the day following the date of its publication.