تأثير قانون المنافسة على المرفق العام

Abstract EN

The idea of public utility is the basis of the administrative law; this is the reason that led some scholars to call it as the Public Facilities Act.

Therefore, the State managed these facilities through direct management.

However, because of the economic crisis that the world witnessed and from which Algeria was not an exception in the 1980s, the government has proved to be unable to achieve the economic efficiency, which led it to adopt a market economy as an alternative to socialist trend, the reason that requires its withdrawal from the economic field, and allowing the private sector to abandon the monopoly of the public sector by opening many activities that were the focus of public utilities activity and to put them under law of the market which is based on the free competition principle in order to promote these facilities and develop flourishment movement.

All these changes have in one way or in another changed the classic concept of public utility, and these changes have touched many aspects, as it affected its controlling principles and developed its management methods, along with the appearance of new techniques to control it; furthermore, these effects touched the concept of the administrative law and the administrative judiciary.