إشكالية المصطلح في قانون المنافسة الجزائري : ممارسات مقيدة أو منافية للمنافسة ؟

Abstract EN

At the very first glance over ordinance no.

03-03 related to competition, one will face a terminology problem, as the Algerian legistrator described the practices that mentioned in it as competition-restrictive practices instead of anti-competitive practices as it used to be termed in the previous ordinance no.

95-06 related to competition, given that the restrictive practices are a different type of practices that is regulated by act no.

04-02 setting the rules applicable to commercial practices.

This article is an attempt to examine this problem by investigating the linguistic and terminological meanings and highlighting the characteristics of these two terms, supporting that with some comparative competition laws and the opinion of Algerian competition council on the matter.

This study concluded that the most appropriate term to describe the practices regulated by Ordinance No.

03-03 related to competition is the anti-competitive practices.