افاق للعلوم
Volume 9, Numéro 4, Pages 221-234
2024-09-29

Unfair Competition Lawsuit As A Mechanism To Limit Restrictive Practices

Authors : Nouiri Mohamed El Amine . Guerroui Mohammed Essalih . Mokaddem Racha .

Abstract

The principle of freedom of competition is considered one of the basic pillars that guarantee merchants the right to compete with each other. However, in many cases the matter may amount to a competitor exceeding the limits of freedom of trade, by resorting to fraud and using methods and means that are harmful to the competitor, which results in unfair competition. Which prompted the Algerian legislator to regulate practices restricting competition through Ordinance No. 03-03 relating to competition, amended and supplemented, and also Law No. 04-02 specifying the rules applied to commercial practices, amended and supplemented, where the economic aid was granted the right to resort to the judiciary under a lawsuit, which is a means to which it resorts. A request for compensation for the damage suffered as a result of acts of unfair competition.

Keywords

freedom of competition  restrictive practices  unfair competition lawsuit