دور الهيئات القضائية في حماية مجال المنافسة

الملخص EN

The Competition Council is an essential tool in the application of anti-competitive legislation and is an instrument of regulation and regulation of economic life in which free competition prevails.

It should not be understood, however, that authorizing and granting the Competitiveness Council such competence, whether for issuing orders or for imposing financial sanctions, would exclude and prevent the judiciary from intervening and adjudicating cases related to anti-competitive practices, where the judiciary remains the authority or authority that has the right Dispute Resolution.

It should be noted here that the intended judiciary is the ordinary judiciary, whether represented by a civil judge, when it intervenes to invalidate or intervene in anti-competitive practices in order to assess compensation for damage caused to economic aid by prohibited and anti-competitive agreements, Commercial Chamber, or in the Chamber of Commerce of the Algiers District Council.

The penal judge completely excludes competition from the principle of "criminalization" for certain irregularities, as is the case with anti-competitive practices.

As for the administrative judiciary, its terms of reference were transferred to the ordinary judge, the latter being brought up with new and new terms of reference that were not previously his duties, except those relating to the rejection of the economic collection license, as well as the practices restricting competition by public officials, Very limited and narrow domain.