Position Paper on: Decision by Law No. (11) of 2025 Regarding the Competition

In view of the recently issued Law No. (11) of 2025 regarding competition, which was published in the official newspaper "Palestinian Facts" in issue No. 226, the Coalition for Integrity and Accountability (AMAN) expresses its appreciates of this important legislation. This law has long been a fundamental demand of the Coalition, given its substantial positive impact on the protection of Palestinian consumers from potential monopolies, promoting fair competition, and overseeing the performance of the private sector within its partnership in managing the national economy.

Despite this, the AMAN Coalition herewith registers its reservation for the absence of a community consultation process prior to issuing this decision by law, as it was not presented on the legislative platform nor was it opened to public discussion, which constitutes a violation of the principle of transparency and community partnership in the legislative process.

Furthermore, even with that relatively contemporary legislation and its alignment with best practices and principles of antitrust and fair competition, there are several fundamental observations that should be noted:

1. The feeble independence of the Competition Committee: The committee has not been granted its own legal character or the necessary financial and administrative independence to perform its supervisory and oversight tasks in the market, unlike what is practiced in most countries that rely on independent competition authorities to ensure neutrality and efficiency.
2. The lenient penalties: The law's decision included penalties that do not reach the level of real deterrence for monopolization and violations of competition rules, which abates the effectiveness of the legislation and limits its ability to protect the market and the consumer.
3. Unregulated exceptional powers: The legislation grants the Competition Committee and its administration exceptional powers that allow certain forms of monopoly. The law does not delineate clear standards and controls that restrict the use of these powers, which may open the door to abuse and creates opportunities for corruption, especially in terms of favoritism and nepotism.

For those reasons, the AMAN Coalition reiterates its emphasis on the importance of this legislation and the necessity to expedite its implementation, while also stressing the need for a subsequent review to address the above-mentioned gaps. The Coalition also calls for a complementary secondary legislation to be issued, which should set clear standards and regulations for the use of exceptional powers, in order to ensure transparency, enhance trust in the competition system, and guarantee real protection for the consumer and the Palestinian market.