What remedies are available in the UAE for damages from suspected cartel price fixing by a dominant supplier?
Lawyer Answers
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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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What you can do
Report it to competition authorities
Suspected cartel or price-fixing conduct can be reported under UAE competition law. Authorities can investigate and impose penalties if violations are found.
Claim civil damages
If your business suffered financial loss, you can file a civil claim for damages based on anti-competitive conduct (often alongside or after a regulatory investigation).
Contractual or commercial claims
Depending on your agreements, there may also be breach-of-contract or unfair practice claims.
Steps usually involved
Gather evidence (pricing patterns, contracts, communications, invoices).
Assess whether the supplier is dominant and whether conduct qualifies as price fixing.
File a competition complaint or initiate a civil case (or both).
Respond to information requests during investigation or litigation.
Timelines
Authority review/investigation: often several months
Civil court claims: typically 6-18 months, depending on complexity
Do you need a lawyer?
Practically, yes. Competition cases are technical, evidence-heavy, and procedural. Local counsel helps structure the complaint correctly, assess damages, and avoid procedural delays.
If you'd like, we can do a confidential initial review to assess the strength of your case and the best strategy.
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Possible remedies
- File a complaint with the Ministry of Economy (Competition Regulation Committee): they can investigate anti-competitive agreements, abuse of dominance, and price-fixing practices.
- Seek civil damages: if your business suffered financial loss, you may file a civil claim to recover damages once the violation is established.
- Request corrective measures: authorities may impose fines, order the supplier to stop the conduct, or restructure market practices.
Steps involved
1) Gather evidence (pricing patterns, contracts, communications, market comparisons).
2) Conduct a legal assessment to confirm anti-competitive behavior.
3) Submit a complaint to competition authorities.
4) Pursue a civil compensation claim if losses are proven.
Timelines
- Authority review and investigation: 3–9 months depending on complexity.
- Civil compensation proceedings: 6–18+ months based on court procedures and expert reports.
Do you need local counsel?
While a complaint can be filed by the affected party, working with UAE competition counsel is strongly recommended to structure evidence, manage filings, and pursue damages effectively.
HHS Lawyers assists businesses with competition complaints, evidence preparation, and recovery actions. You can also claim a free 15-minute consultation with our expert by sending your enquiry on WhatsApp.
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