شرط الحصرية في عقد الامتياز التجاري بين حرية التعاقد ومقتضيات المنافسة

Abstract EN

The concession commercial contract contains several conditions that restrict competitive freedom especially investment ones by excluding from the right to enter the market, even if they are justified by considering them contractual freedom, they work to prevent or obstruct others of competitors and limit entry into the market.

from this standpoint, competition law intervenes here in order to curb such practices and control them in a way that works to prevent obstruction of restricting the competition, thus the issue of the legitimacy of the exclusivity clause arises here from the perspective of contract and competition laws by trying to find a balance between contractual and competitive freedoms.