The Basis of Legality of Restricting Competition Agreements A Comparative Analytical Study

Authors

Zeyad Khalil Hassan, Tariq Abdel Rahman Kameel

 

Abstract

This research dealt with defining the concept of restricting competition agreements, the stance of legislative and jurisprudential definitions that were said were reviewed in defining what the concept means? Its definition as an agreement whether this agreement is explicit or implicit between two or more establishments, or completely independent from each other, regardless of the form/shape such agreement takes, or its location and the results it achieves that would prevent or impede competition in the market. Also, the conditions to consider the agreement as restricting competition were clarified, as it is required that there be an agreement and that the aim of this agreement is to restrict competition. Pictures of the different competition-restricting agreements that can arise between establishments have also been exposed, whether they are contractual, which are divided into vertical agreements and vertical agreements. It is called organic agreements and orchestrated acts. The exceptions to agreements restricting competition were also addressed, and the prohibition of agreements restricting competition is not considered absolute, but rather has its exceptions, as the comparative legislation in question granted the competent authority (the Minister of Economy, for example) approval to grant licenses to agreements whose owners can prove that they lead to economic development or technical, or contribute to improving operation, or would allow small and medium enterprises to enhance their competitive position in the market. Finally, the boundaries between the agreements restricting competition and other anti-competitive practices, such as abuse of dominant positon and economic concentration, were distinguished and clarified.

DOI: 10.51958/AAUJBL2024V8I1P3