تقييد حرية التعاقد لحماية حرية المنافسة

Abstract EN

The will of the parties plays an essential role in the conclusion of contracts and the determination of the resulting legal effect.

The contract is the law of the parties, and can only be revoked or modified with the agreement of the parties, or for reasons determined by law, generally related to public order.

Given the advantages, that free and fair competition brings to consumers and to the national economy in general.

The public authorities have legislated to protect it from all forms of abuse.

In particular, agreements which limit the freedom of entry into the markets, or which aim to exercise a monopoly or share markets, or prevent the freedom to set prices according to the rules of supply and demand.

On this basis, all the provisions, which would guarantee the protection of the freedom and integrity of competition in the market, have been added to the reasons established by law, including practices which; taken in isolation, do not constitute a violation of no law.

Producers in accordance with market requirements freely set prices, but competition law has restricted this freedom, deemed price control agreements invalid and imposed sanctions on them