Market Regulation and Protection of Economic Transactions in Algerian Law: The Competition Council as a Model

Abstract

This study aims to investigate and analyze the legal and procedural role of the Algerian Competition Council as an essential mechanism for protecting the integrity of economic transactions and regulating the market. Employing both descriptive and analytical approaches, the study examines the Council's legal framework and historical evolution through Decrees (95-06), (03-03), and the subsequent amendment (08-12), highlighting its institutional transition into an independent administrative authority. Furthermore, the paper evaluates the Council’s enforcement mechanisms (combating cartels, controlling economic concentrations, and monitoring anti-competitive practices in public procurement) along with its procedural tools (consultation, investigation, interim measures, and financial penalties). The study concludes that the Council’s effectiveness in curbing market distortions and ensuring commercial transparency remains constrained by its budgetary dependence on the Ministry of Commerce and calls for enhancing its investigative autonomy.