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Mohamed ElFar

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Mohamed ("Mo") advises multinational companies in a wide range of industry sectors, on antitrust and competition and trade law issues. In the antitrust and competition law area, he is experienced with cartels, price fixing, and market division as well as abuse of dominance and compliance issues. Mo also works extensively on trade disputes related to customs, dumping, and safeguard measures. Mo has additional expertise providing compliance advice to clients, including in the areas of anti-bribery, compliance investigations, dawn raids, and unfair competition. He provides assistance in mergers and acquisitions transactions to obtain regulatory approvals and advise on related compliance with competition laws. Advising and representing clients as Counsel (qualified in Egypt only) in Baker McKenzie's Toronto office, Mo joined Baker McKenzie in 2014 as a Senior Associate in the Cairo office. He has worked in the Firm's London office, where he worked on investigations and merger filings in the EU, Competition & Trade Department. Mo also worked at the Egyptian Competition Authority as a case handler and consultant. Mo holds an LL.M in international and comparative law from the American University in Cairo, an LL.M in EU law from Stockholm University, a GPLL.M in Canadian law from the University of Toronto, and a Ph.D in competition law from Queen Mary, University of London where he taught Competition Law for three years. He has authored several publications on competition law matters in a wide range of peer-reviewed international journals and periodicals.

On 4 April 2024, the Executive Regulation of the new Egyptian pre-merger control regime was officially published by Prime Minister Decree No. 1120 of 2024. The ER introduces the implementing regulations for the newly established pre-merger control regime issued by the Law number 175 of 2022 which empowers the Egyptian Competition Authority with significant powers in reviewing and approving transactions. The ER states that it will enter into force on 1 June 2024, i.e. transactions that close on or after 1 June 2024, and meet the prescribed thresholds, must obtain prior approval from the ECA.

In our 60-minute webinar on 14 March 2023 at 3:00pm CET, we’ll help in-house counsel and competition leaders track what to keep top of mind for 2023 in emerging markets, including Morocco, Egypt, Turkey, South Africa and Saudi Arabia. We’ll also provide practical takeaways to help navigate the new landscape.

The Egyptian Parliament has approved amendments to the Law number 3 of 2005 on the Protection of Competition and the Prohibition of Monopolistic Practices (ECL), introducing for the first time a mandatory pre-merger notification regime in Egypt. Until now, the ECL had only a post-merger notification system which did not give the Egyptian Competition Authority any powers to assess, approve or block a transaction. The amendments are expected to be published in the Official Gazette and enter into force during December 2022.

In two recent cases, the Egyptian Competition Authority (ECA) issued infringement decisions against two dominant companies. In the first case, the ECA established that a company operating in the yeast industry has abused its dominance in a number of ways, including restricting passive sales between distributors and also engaging in retail price maintenance. In another case, the ECA was against a food delivery online e-platform for abusing its dominance by engaging in Most Favored Nation clauses with the restaurants in violation of Article 8 of the Egyptian Competition Law No. 3 for 2005.