مدى مخالفة التجميع الاقتصادي لأحكام قانون المنافسة

Abstract EN

Economic concentration has become an economic necessity due to its positive effects on the combined institutions and the national economy; It aims to form large economic institutions capable of facing the challenges of market openness, globalization and the liberalization of foreign trade.

On the other hand, it may lead to harm to competition due to the influence of competitive institutions with the position of dominance in the market and the exclusion of other parties from the field of competition, it may also lead to the creation of dangerous monopolies that eliminate free competition.

The Algerian legislature regulated economic concentration with special texts and did not consider them to be practices restricting competition according to the decree 03-03 related to competition, as they are basically legally legitimate and economically beneficial processes.

However, he subjected it to previous supervision by the Competition Council in the event that it was ascertained that it violated competition and had reached the legal limit that exceeded 40% of the sales and purchases made in the relevant market, in order to avoid harming competition.