What remedies are available in the UAE for damages from suspected cartel price fixing by a dominant supplier?
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Yes, you are legally entitled to pursue three parallel courses of action in response to practices suspected of constituting anti-competitive agreements or price-fixing by a dominant supplier, under Federal Decree-Law No. (36) of 2023 on Competition, as follow
1. Administrative Route – Filing a Complaint with the Ministry of Economy
The competent authority to review competition violations is the Competition Department at the Ministry of Economy, which is empowered to receive complaints and conduct investigations.
The violations defined by the law include agreements aimed at fixing prices, restricting supply, dividing markets, and abuse of a dominant position.
An entity is considered dominant if it holds a market share exceeding 40 percent of the relevant market or has the ability to influence prices or supply conditions.
Once a final administrative decision is issued, the injured party may rely on it to file a civil damages claim
2. Judicial Route – Claim for Damages before the Court
A party harmed by a competition-law violation may bring a civil action for damages either under the Competition Law itself or under the general tort principles of the UAE Civil Code (fault – damage – causal link).
A prior final decision from the Ministry of Economy is not mandatory to initiate the claim; however, such a decision strengthens the claimant’s legal position before the court.
In this case, an economic expert report should be prepared to quantify the financial losses suffered as a result of the anti-competitive behavior.
3. Contractual or Commercial Route – Where a Contract Exists
If the relationship with the supplier is governed by a contract, the aggrieved party may also invoke contractual remedies, such as penalties, termination, or compensation, in accordance with the contract terms and the UAE Commercial Transactions Law.
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