سلطة مجلس المنافسة في ضبط الاتفاقات المقيدة للمنافسة

Abstract

The Algerian legislator has established the Competition Council under the order 95-06 concerned the Competition, dated in 25 January 1995, which has been a consequence with the economy openness on a free market, the latter has been canceled under the order 03-03 of 19 Julie 2003 which has been followed by a series of amendments, this order has set a modern foundations for the competition, and the competition Council has authorized to adjust generally the competition and the restrictive practices of the completion particularly, among them the banned agreements. And In this field, the Competition Council possessed a wide and exclusive permitted it the adjustment of the restrictive agreements of the competition. Firstly; the Competition Council viewed the estimated notifications by the firms and organisms the law has limited and the Council has to take a decision about them either by acceptance or rejection. After that the investigation stage, through it the Council practiced its powers of search and scrutiny about the broad notification presented to it and that include a set of procedures adhered by the parties and the Council might respect them also it contained a series of guarantees that ensure the rights of persons, ended by the reconstruction of the subject file of investigation for making a decision about it. Lastly; the Competition Council viewed up the imposed cases before it regarding the restrictive agreements of the competition and it issued about them decisions able to be appealed in front of the Trade Room of Algiers District Council.