.حماية المنافسة من الاستغلال التعسفي لوضعية التبعية الاقتصادية

Abstract

The relationship client-supplier often, under the relationship of economic dependency, allow the occurrence of situations against the competition rules. One of these situations, the misuse of economic dependency or, as it is known, the abuse in the status of economic dependency that is a case of anticompetitive practices prohibited by competition law articles. As an example of this, the situation where a company or institution disrespect the status of accreditation or the dependency of another company or institution. In order to face abuse in the economic dependence, three conditions must be met: 1- The existence economic dependency situation either entirely or partially. 2- The misuse or abuse of this situation. 3- Actual or potential allocation of performance or structure of competition in the market. These conditions must be combined to lead to the adaptation of abuse in the economic dependency status. The concept of economic dependency is much larger than that of the judicial dependency that makes it possible to punish all the behaviors that involve abuse of the economic dependency status. These behaviors lead to the creation of imbalance of the economic forces, abuse, and objective dominance in market relations like it is the case with the dominant status or the status of subordinate for the situation of economic dependency. All these behaviors actually expose partners to the economic risk. In addition to the practices and conditions mentioned above, any behavior that can't be done by the economic trader, if he doesn't depend on his partner particularly, may create abuse in the status of the economic dependency. It should be noted that, as it is the case with the status of hegemony, there couldn't be any abuse in the status of economic dependency unless there is any behavior from the complainant (the follower) it adapts that it is "" abnormal"". Only by this we can say that each behavior distinguishes a practice from the anti-competitive practices can't be prosecuted unless it indicates a misuse or abuse under the economic dependency which its actual or potential effects are sufficient concrete based on the causal relationship between the state of economic dependency and the abuse practices. In other words, the abuse exploitation must be achieved through the use of economic dependency. As a result, mechanisms are put to insure a well-managed market that can be controlled and organized through enacting laws that monitor and punish the practice of abuse in the status of economic dependency and to deter all violations of competition rules through the competition council and judiciary.