الاتفاقات المنافية للمنافسة بين الحظر و التبرير

Abstract EN

Agreements opposing competition are considered as the worst practices on freedom of competition and this is becausze of the difficulties encountered in order to prove them, On this basis, all the legislation organizing the competition prohibit these agreement, Howaver, the principele of the prohibition is not an olute principle, there are exceptions linked to the general interest that justify them.

The aim of this article is to determine the definition of the regime of prohibited agreements adopted by the legislator, by way of highlighting and in the same time, by edentifying the encountered difficulty wile in practice, that opposes its application and the solutions taken by the legislator, in order to remedy to it, and finally, to assess the effectiveness of this regime of the protection of the competition and to suggest some appropriate solutions, in order to give more efficiency of the regime of the prohidited agreememts, for the protection of the competition.