مبدأ الحرية المنافسة ضمن الحريات الاقتصادية.

Abstract

The Algerian legislator attached a great importance to the principle of freedom of competition in order to consolidate the market economy system based in his turn on freedom of trade and industry, from which many economic freedoms emanate, aiming to establish free access to various commercial activities, and thus it shares the principle that aims to establish free competition for access to and practice of these activities and this highlighted the relationship between the principle of freedom of competition and economic freedoms, and raised the problem of the principle's importance in implementing these freedoms. To determine the importance of the principle, we presented a definition of economic freedoms, where we defined them as: the set of privileges and interests that are approved by positive laws, and that guarantee individuals and institutions all forms of freedom, and the ability to access or practice any activity of production, distribution, or consumption of products, and investment of resources to provide and display goods and services, as we defined the principle of free competition as: a principle that is anti-monopoly in that it allows individuals and institutions alike the freedom to compete for access to various commercial activities and crowd out economic operators who practice them in order to achieve profits and win over customers. We have highlighted the importance of the principle of freedom of competition in implementing economic freedoms when we have clarified that free access to commercial activities alone is not sufficient unless it enables individuals and institutions to compete with each other freely to provide goods and services and set competitive prices for them, as well as give them the right to own and dispose of their material and moral property and conclude contracts between partners and commercial companies, compete for that, and to engage in the processes of assembling and merging their institutions with each other. Since the principle is a cornerstone of economic freedoms, its protection is due to the protection of economic freedoms, and the legislator has enacted legal texts in order to give protection to the principle from everything that leads to restricting its practice, such as agreements, understandings and over-exploitation of the dominant position or the position of the economic subordinate, and established the Competition Council and entrusted it with the task of protecting the principle, by monitoring the actions of institutions active in various commercial fields, and intervening in order to revoke and nullify the acts that are able to place restrictions on the practice of the principle when they are established.