New Cabinet Decision clarifies rules governing competition

The new Cabinet Decision No. 3 of 2025 regarding the ratios related to the implementation of Federal Decree-Law No. 36 of 2023 Regulating competition defines the duration of the financial year and sets ratios for determining dominant position or economic concentration.

The definitions of dominant position and economic concentration were previously introduced by Federal Decree-Law No. 36 of 2023 Regulating competition:

• Dominant position: a position that any undertaking holds, making it capable, either  individually or in collaboration with other undertakings, of controlling or influencing the Relevant Market.
• Economic Concentration: Any act resulting in complete or partial transfer (merger or acquisition) of the ownership or usufruct rights of property, rights, equity, shares or obligations of an undertaking to another, empowering the Undertaking or a group of undertakings to directly or indirectly control another undertaking or group of undertakings.

The key provisions of the new Decisions are:
1. Financial year: a period of one calendar year or a period of 12 months during which the relevant undertakings prepare finan...