The legal mechanisms that restrict the market and the principle of free competition

Abstract

It is clear that the state of market law needs to reformulate its role as a regulating authority, which is not withdrawn from economic issues and not directed to it, but rather it has a position between the two, since it leads the business sector as it pleases, but in the most appropriate way to maintain the economic efficiacy as well as the general economic system.

This intervention was elaborated within its legal framework through the development of rules and principles on which competition is based under the name of competition laws and its complementary laws.

However, this intervention is not enough for the state, but within the provisions of the same law, the state imposed restrictions that would hinder competitive freedom among economic dealers with the reason of ensuring market continuity and preserving the national public good and achieving the greatest protection for consumers.

In addition, the modernity of the adopted liberal approach would create administrative barriers and judicial issues.

The problematic of the study is reflected in the statement of the impact of the legal mechanisms adopted by the Algerian legislature to control the market on the principle of freedom of competition? This is done by dividing the study into two axes:

The first axis: Legislation regulating the market and restricting the principle of freedom of competition.