Examining The Efficacy of The Saudi Arabian Approach to Competition Law and Regulation: A Critical Analysis of the Role of the General Authority for Competition (GAC) in Preventing Anti-Competitive Practices Under the New Saudi Competition Law

Abstract

This study critically examines the effectiveness of the Saudi Arabian competition law framework, focusing specifically on the role of the General Authority for Competition (GAC) in curbing anti-competitive practices under the New Saudi Competition Law of 2019. By addressing the evolution of Saudi competition law, its enforcement challenges, and its alignment with international standards, the research highlights the legal and institutional mechanisms employed by the GAC to promote fair competition. Additionally, the study aims to assess the legal implications of recent legislative changes and their impact on regulatory practices. A qualitative research design was adopted, involving semi-structured interviews with six participants. These participants included legal practitioners, consultants, and academics with expertise in Saudi competition law, selected through purposive and snowball sampling to ensure their relevance to the study's objectives. Data collection occurred in hybrid formats, face-to-face and virtual, enabling flexibility and comprehensive engagement. Thematic analysis was employed to analyse the data, identifying key patterns and recurring themes that address the study's guiding research questions. The analysis revealed four major themes: (1) the challenges in regulatory enforcement and clarity, (2) the alignment of Saudi competition law with international benchmarks, (3) the influence of legislative advancements on enforcement practices, and (4) sector-specific issues in applying the law. Through these themes, the study addressed 26 research questions, illustrating the GAC's progress in enforcement while highlighting areas requiring further development, such as procedural consistency and the handling of monopolistic practices. In conclusion, the findings underscore the importance of enhancing legal clarity, adopting alternative sanctions for severe violations, and integrating mediation mechanisms to expedite case resolution. Moreover, the study recommends future research on the long-term implications of the 2019 competition law and comparative analyses with regulatory practices in other jurisdictions. By contributing to legal scholarship and providing practical insights, this study supports the development of more effective competition law frameworks in Saudi Arabia and beyond.