مفهوم الاحتكار و معيار تحققه : دراسة مقارنة

الملخص EN

there is no dispute over the permissibility of trade and competition and the prevention of monopoly in shari'a and law, but confusion is in the nature of the monopoly prohibited in both the terminology of shari'a and law, Resulting in a difference in the determination of its scope, Therefore the research aims to raise this ambiguity and identify criterion that should be adopted as a basis to see if it exists or not.

The researcher concluded that the shari'a view is generally agreed that the monopoly is centred around the behavior that causes the harm to the people, namely the imprisonment of what they need to raise the price, and that the legal concept is not limited to comercial operations, but also includes the production processes, The monopoly on the production or sale of a particular commodity, depending on the size of the establishement and its market share, or the number of sellers and buyers, By balancing between the two views, it was conclyded that market exclusivity can not be prohibited, but rather anti-competitive practices, which are the prohibition on entering the market or the imprisonment of the basic goods or services for controlling the price and the agreements to that effect are also prohibited.

key words: The monopoly, Competition, Locking the product or service lockup, Market exclusivity, Competitive market, Monopolistic market.