الحماية القانونية للسوق في ظل قواعد المنافسة.

Abstract

For the economists the market is defined as the theoretical place where forces of demand and supply operate for goods or services. They consider the market as a tool of analysis and evaluation; competition law has adopted a definition close to the economic one, yet it refers to anti-competition practices. Therefore, it is defined as any market of goods or services concerned with anticompetence practices. For the competition law, the market is the object of its judicial protection which means the necessity to define it in a very precise way; it is any market for goods and services concerned with the anti-competition practices in addition to the goods market and alternative services. This relation between the market and the anti-competition practices seems logical; the necessity for legislations about the competition was a result of the failure of the theory of the ‘’hidden hand’’ which according to the classical economists refers to the conception that market protects itself by itself. This failure is displayed through the emergence of other types of market different from market of ‘pure and perfect’ competition. In Algeria, the appearance of the competition law was byproduct of the freedom of commerce and industry. To attain the objective of protection market, and to adapt to its dynamic characteristics, the competition law has to be flexible and effective. The legislator, therefore, has attempted to realize this objective through the competition law mainly through the creation of the competition council, as an independent administrative authority, to trace the anti-competition practice. However, the rules of the protection market have not reached the required level. This is due to two main factors: the first attributable to the absence of the appropriate economic environment; in Algeria the rules of competition were initiated and developed in a given context, that is of the transition from the command economy model to that of the free economy, which still not well determined , which leads us to talk about the effectiveness instead of efficiency. The second factor owing to the modest role played by the competition council because of its dependence to the executive authority and the lack of its professionalism. The issue of the rules of protection market is related to the right intervention to bring the necessary changes.