حماية المنافسة الحرة من الاتفاقات المحظورة في ظل أحكام قانون المنافسة.

Abstract

Freedom of competition is an indispensable necessity in the economic field. However, this freedom does not claim to let economic agents manipulate market rules because this will certainly lead to the elimination of competition because of the practices that oppose it. This is why; the Algerian legislation has used a set of legal rules in order to maintain the competitive system and the regular functioning of market mechanisms. Indeed, the Algerian legislation points out in Article 6 of Order 03-03 (amended and supplemented) the prohibition of illegal agreements Competition law includes a set of rules aim at maintaining free competition, at practicing it in a regulatory manner and at prohibiting practices that oppose it. Indeed, the Algerian legislator points out in Article 6 of Order 03-03 (amended and supplemented) the prohibition of illegal agreements if they ended up restricting competition in the market. Moreover, it was cited as the first restrictive practice of competition in the abovementioned article under Algerian law and in most comparative legislation- duo to the serious consequences they have on the market, to the national economy and to consumers- this study aims to highlight mechanisms that can protect free competition from forbidden agreements. In this thesis, we referred to the substantive provisions prohibiting unregulated agreements by addressing: the concept of a prohibited agreement and the conditions of its prohibition, furthermore, we have studied certain types of prohibited agreements and their legal justification when they satisfy the required conditions. Additionally, we have devoted part of this research to the study of the legal means to stop prohibited agreements by addressing each of the intervention mechanisms at the administrative level (Follow-up procedure before the Competition Council), and also by highlighting the role of judicial authorities in the fight against prohibited agreements and the review of decisions of the Competition Council.