The Algerian Competition Council: A De Facto Jurisdiction

Objective: The aim of this study is precisely to show and/or demonstrate the quasi-judicial character of the competition council, as a fully independent authority with all that it implies, particularly in terms of dealing with anti-competitive and/or restrictive practices of competition. Method: To address the issue stated in this study, it seemed necessary to opt for an analytical research approach on all legal texts surrounding the relevance of the theme, and whenever necessary, to partially shift towards a comparative study between Algerian law (domestic law) and French law, notably to highlight certain similarities and/or specificities. Result: The Algerian Competition Council is an autonomous administrative authority that acts on behalf and for the account of the State to enforce competition rules. It has legal personality and financial autonomy. It is placed under the Minister responsible for trade without being under their supervision. This all serves to confirm its absolute independence. Indeed, this authority is endowed with the power of sanction, with all that implies. Therefore, unquestionably, the Competition Council (without going through a competent jurisdiction de jure) sanctions restrictive or anti-competitive practices and settles disputes in this regard. In this context, the competition authority appears as an economic judiciary, distinguished by its own means, especially quasi-judicial ones: since the ability to impose sanctions, this imperium certainly gives it the character of a judiciary, or even a de facto jurisdiction: both in its form (referring to Delegating Jurisdiction to the Competition Council), and also in its content (referring to the "quasi-judicial" procedural process of administrative enforcement).