التعسف في قانون المنافسة

Abstract

As rule of law, Free competition is mandatory for any economic activity. Still, free competition could be breached or hampered through certain practices, more particularly, arbitrariness. Consequently, legislators were keen to combat such practices by enforcing certain mechanisms to control the market and protect competition from any arbitrary practices that confine it. The practices are of two types, objective and institutional. Objective practices are limited to the prohibiting by law of arbitrary practices that confine free competition including arbitrary use of power, economic dependence, and arbitrary offer of low prices for consumers. Institutional mechanisms on the other hand are embodied by the competition council which supervises and controls the economy to make sure free competition practices are applied properly. The competition council is supported by the Judicial Control Authorities. These authorities have one goal, that is controlling and protecting competition, each authority according to its specialization and role.