On 28-29 May 2025, over 20+ competition authorities and international organisations from some 22 jurisdictions met in Bagdad, Iraq as the OECD, ESCWA and UNCTAD held the 6th edition of the annual Arab Competition Forum, hosted this year by Competition and Antitrust Council (CAC) of Iraq.
Spanning two days of dynamic discussions, the forum highlighted critical intersections between cross-border mergers and their impact on regional market structures, market studies and their role in enhancing enforcement and the importance of evidentiary standards in balancing effective enforcement with due process.
Key takeways: The importance of regional co-operation on cross-border mergers
Globalisation has spurred a rise in cross-border mergers, which now represent over half of all merger activities. These transactions often require simultaneous review in multiple jurisdictions with varying legal frameworks, leading to different types of outcomes. The forum discussed the challenges faced by Arab competition authorities and emphasised the need for deeper regional co-operation to align timelines, enhance information sharing, and establish consistent review processes. Enhanced co-operation not only streamlines merger reviews but also prevents companies from exploiting regulatory gaps to bypass scrutiny.
Read our recent paper on 🔗 Cross-border mergers review
▶️ Watch the replay of a session on the topic held during the OECD 2025 Competition Open Day for more insights
Market studies as a tool for evidence-based policymaking
The debate emphasized the role of market studies in uncovering anti-competitive practices and providing insights into industry-specific challenges. These studies equip competition authorities with the tools to implement targeted interventions that enhance market fairness and resilience. The session explored global and regional trends and discussed challenges and recommendations for more effective use of market studies in the Arab region.
Read more about the OECD work on Competition Market Studies
The standard of the burden of proof in competition law cases
Evidentiary standards in competition law must balance effective enforcement with due process, yet evolving market dynamics are making this increasingly complex. In fast-changing sectors, such as digital markets, proving anti-competitive conduct often requires sophisticated economic analysis, indirect evidence, or forward-looking assessments. This has raised concerns that competition authorities face excessively high burdens of proof, making it difficult to intervene. The debate highlighted the challenges faced by Arab competition enforcers to meet these standards and stressed the need to adapt legal frameworks to market dynamics to ensure that competition law remains a robust tool for safeguarding fair and open markets.
📗 Read the OECD note
▶️ Watch the replay of a session on the topic held during the 2025 OECD Competition Open Day for more insights
🔗 Access more related materials
The Arab Competition Forum serves as an annual platform where stakeholders in the region come together to share knowledge and experiences on competition policies and their enforcement. For more information on the event and its previous editions, please visit the Arab Competition Forum webpage.
The next edition will be hosted by United Arab Emirates and will take place in Dubai on May 2026.
