الهيمنة الاقتصادية من منظور قانون السوق: دراسة مقارنة بين القانونين التونسي والموريتاني

Abstract EN

Economic domination free of excessive exploitation or abuse is not prohibited from a legal standpoint, and does not entail any blame, because it is nothing more than superiority over competitors, and this is a required and praiseworthy pursuit for every competitor.

but if economic domination involves excessive exploitation or abuse, then it is prohibited, and prohibition is incidental to it because of these descriptions, which made legislators criminalize it like other types of anti-competitive practices that are harmful to economic activities within the market.

the Tunisian and Mauritanian legislators’ adoption of an expanded approach to economic domination that accompanies excessive exploitation or abuse would protect the market from the distortions that affect the latter as a result of this type of practice, despite the scarcity of texts regulating the various aspects related to that domination, even though the texts devoted to the principle freedom of competition applies to this situation, given the correlation between protecting competition and preventing practices that violate it, without losing sight of the important role played by regulatory bodies in reducing the legislative deficiency observed in this area.