Competition Law at Algeria
Algeria's competition law is primarily governed by Ordinance No. 03-03 of July 19, 2003, which was subsequently amended by Law No. 08-12 of July 2, 2008, and Law No. 10-05 of August 15, 2010. These legal instruments aim to promote fair competition, prevent anti-competitive practices, and regulate market dynamics within Algeria.
⚖️ Key Legal Framework
1. Ordinance No. 03-03 (2003)
This ordinance serves as the foundational legal document for competition law in Algeria. It establishes the legal basis for regulating anti-competitive agreements, abuses of dominant positions, and unfair competition practices.
2. Law No. 08-12 (2008)
This law introduced significant amendments to the original ordinance, including:
Merger Control: It required prior authorization from the Competition Council for mergers and acquisitions that could potentially harm market competition.
Anti-Competitive Agreements: It prohibited agreements that restrict competition, such as price-fixing and market-sharing arrangements.
Unilateral Conduct: It addressed unilateral practices that distort competition, including exclusive agreements and abuse of market dominance.
Sanctions: It established penalties for violations, including fines up to 12% of annual turnover or multiples of illicit profits.
3. Law No. 10-05 (2010)
This law further refined the competition framework by:
Enhancing Governance: It reinforced the autonomy of the National Competition Council (CNC), ensuring its independence in decision-making processes.
Regulatory Functions: It granted the CNC the authority to issue guidelines and directives to clarify competition-related matters.
Appeal Mechanisms: It provided avenues for appealing CNC decisions to the Algiers Court.
🏛️ National Competition Council (CNC)
The CNC is the primary body responsible for enforcing competition law in Algeria. Established in January 2013, the CNC operates as an independent administrative authority with the following functions:
Market Monitoring: Observing market conditions to ensure fair competition.
Regulatory Oversight: Issuing guidelines and directives to regulate market behavior.
Sanctioning Violations: Investigating and penalizing anti-competitive practices.
Advisory Role: Providing recommendations to the government on competition policy.
The CNC comprises 12 members, including experts, professionals, and consumer representatives, appointed by presidential decree. It operates independently under the Ministry of Commerce and manages its budget autonomously, though state-funded.
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