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Executive Regulations of the Competition Council

29-09-2022·مجلس المنافسة·الاقتصاد
Analysis
Summary

The Competition Council approved its executive regulations establishing its operational framework and jurisdiction. The regulations mandate that all commercial and economic activities in Libya are subject to competition rules, with exemptions granted to government entities and state-owned enterprises. Prices are to be determined by market competition except in emergency circumstances or for specified goods.

Business Implication

Foreign companies face a newly operationalized competition regulator with broad jurisdiction over commercial activities, including extraterritorial reach if activities impact Libya's market. The explicit exemption of state-owned enterprises and government contractors from competition rules creates an uneven playing field favoring state entities. Private foreign investors will be subject to merger control, anti-monopoly scrutiny, and pricing regulations while competing against exempt public sector entities. The Council's mandate to address 'dumping' and 'dominance' introduces regulatory uncertainty without clear thresholds or safe harbors.

Key Provisions
All economic and commercial activities subject to competition rules, including foreign entities whose activities impact Libya
State enterprises, ministries, and public companies exempted from Competition Council oversight
Free market pricing mandated except for emergency situations or ministerially-designated goods
Council authorized to regulate mergers, concentrations, dominance, monopolies and dumping practices
Contractors with exempt government entities may request special exemptions from competition rules
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