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UNCTAD MENA National Awareness Raising Seminar on Competition Law and the Audit of the Algerian Competition Law


17 May 2017
11:00 - 08:00 hrs.
Algiers
, Algeria

​UNCTAD MENA Programme – National Awareness Raising Seminar on Competition Law and the Audit of the Algerian Competition Law

With the advent of trade liberalization and globalization, competition policy and law (also called antitrust law) have become essential instruments for all countries that have opted for economic openness.
The aim of competition law is to ensure that monopolies and cartels are not able to replace official trade barriers such as tariffs and quotas by private barriers to trade. Competition law aims at eliminating anti-competitive practices such as cartel agreements at national, regional or international levels, and strives to control abuses of dominant market power by dominant firms and monopolies.
 
Moreover, competition law usually control concentrations of market power such as mergers and acquisitions (M&As) which might create dominant firms or monopolies.
 
Competition policy and law also has important benefical effects on consumers and on taxpayers, since it allows private buyers and Government procurement agencies to get the best competitive offers available on the markets. Last but not least, competition enhances economic efficiency throughout the economy and promotes innovation and technical progress.
 
Algeria has had a competition law since 1995. However, from 2003 to 2013, the activities of the Competition Council were suspended.
 
It is therefore only in January 2013, after a 10-year freeze on its activities, that the Competition Council has been restarted, with the appointment of a new Council of 12 members, a Secretary General and Six Rapporteurs, including a Rapporteur-General.
 
Meanwhile, in 2008, Act No. 08-12 of 25 June 2008 amending and supplementing Ordinance No. 03-03 of 19 July 2003 on competition was adopted; followed in 2010 by Law 10-05 of 15 August 2010 amending and supplementing Ordinance No. 03-03 of 19 July 2003 on competition was promulgated; And by Executive Decree 11-243 of 10 July 2011, amended by Executive Decree 15-79 of 8 March 2015 on the organization and functioning of the Competition Council.
 
Furthermore, since 2001, eight sectoral regulatory authorities have been set up in Algeria (telecommunications, electricity, water, gas, hydrocarbons, etc.)
 
Considering the shortcomings noted in Order No. 03-03 of 23 July 2003, amended and supplemented, on competition after four years of its application by the Competition Council; and taking into account the need to incorporate in the legal provisions on competition the provisions of Article 43 of the Constitution, as amended and supplemented, which laid down five principles relating to
(i) market regulation;
(ii) the prohibition of monopolies;
(iii) non-discrimination between public and private enterprises;
(iv) consumer protection;
(v) and unfair competition;
And taking into account the comments and proposals of the legislative audit carried out in 2014 at the request of the Government of Algeria by experts specialized in competition law, the Competition Council adopted Opinion No 04/2016 on the main proposed amendments to the provisions of Ordinance No. 03-03 of 19 July 2003, as amended and supplemented, on competition.
 
In the light of the above, this awareness seminar aims to present the main themes covered by competition law and policy in the current context of globalization, and to open the debate on the amendments proposed by the Competition Council, in its Opinion No. 04/2016 of 22 December 2016.
 
This seminar is mainly aimed at:
- Members of the Government and in particular of the Ministry of Commerce;
- Representatives of the Competition Council
- Members of Parliament
- Judges in charge of competition
- Academia
- Representatives of the Private Sector
- Consumer Representatives
- Interested media.
 

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Co-organizer(s):
Ministry of Trade of Algeria
Sponsor / funding:
GOVERNMENT OF SWEDEN

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