Can a small retailer sue a dominant distributor for abusing market power in Egypt?

Yes, there is a clear legal path in Egypt. Abuse of dominance (including exclusive dealing and price squeezes) is investigated by the Egyptian Competition Authority, without excluding the injured party's right to claim civil damages before the courts once harm is established, often based on the Authority's findings. In practice, cases usually start with a well-prepared complaint to the Authority, followed, where appropriate, by a damages claim. Given the technical nature of competition matters, early legal advice is strongly recommended. At ItQan – Advocates & Legal Consultants, we would be pleased to review your situation and outline the most effective course of action, tailored to your commercial objectives.

Thank you for your inquiry. Under Egyptian Competition Law, anti-competitive practices such as abuse of dominance may be pursued through both regulatory action before the Egyptian Competition Authority and, in certain circumstances, private civil litigation for injunctive relief and damages, subject to specific legal and evidentiary requirements. The appropriate strategy, procedural steps, timelines, and costs depend heavily on the facts, market structure, and available evidence, and typically require specialist legal assessment and representation. We would be pleased to review your situation in confidence and advise you on the most effective and commercially viable course of action. Please feel free to contact Ragy & Partners Law Firm – Attorneys & Counselors at Law LLP (RPLF) to arrange an initial consultation.

We refer to your inquiry regarding the possibility of taking legal action in case of a supplier is suspected of abusing its dominant position in the market. Please note the following: Applicable Legal Framework: The matter is governed by the Egyptian Competition Law No. 3 of 2005, which expressly prohibits the abuse of a dominant position, including practices such as imposing exclusive dealing arrangements, discriminatory pricing, or any conduct that restricts competition or harms market participants. Right to Civil Litigation: Enforcement of the Competition Law is not confined to the powers of the Egyptian Competition Authority (ECA). In accordance with the general principles of tort liability under the Egyptian Civil Code, any party that has suffered damage as a direct result of an anti-competitive practice is entitled to initiate civil proceedings before the competent courts to claim compensation for the harm incurred. Criminal and Administrative Enforcement: Criminal enforcement of competition law violations in Egypt is exclusively reserved to the Egyptian Competition Authority, injured parties retain the right to pursue standalone civil damages claims before the Economic Courts under general tort principles, irrespective of whether the Authority has initiated proceedings. Timelines and Costs: The duration of civil proceedings in competition-related cases depends on the complexity of the case, the volume of evidence, and whether economic or technical expert analysis is required. Court fees are fixed by law, while legal fees and expert fees are assessed on a case-by-case basis, depending on the complexity of the matter and the evidentiary and economic analysis involved. Accordingly, a reliable fee estimate would require an initial review of the relevant facts and supporting documentation. Legal Representation: Due to the technical and economic complexity of competition claims, engaging legal counsel with experience in competition and commercial law is strongly recommended to ensure that evidence is properly presented and that your claim is effectively pursued. We would be pleased to review your case in detail and advise on the most suitable legal and procedural approach based on your specific circumstances.