The Independence of the Competition Authority, its Composition and their Impact on Carrying out its Role in light of Arab Laws
Dr. Mohammed al-Qaisi
Assistant Professor – Department of Law Director of the master’s programs: Law – Law and Economics – Birzeit University – Palestine
Abstract:
This research deals with the study and analysis of the problems facing the organization of competition in the Arab countries, in light of the international standards and concepts that have been formed in this regard and based on the laws and regulations adopted by several Arab countries. This research is important because of the increasing need to reconsider the rules governing competition in a way that responds to the successive economic, commercial, and social developments. For this purpose, the research included two main themes: the first is related to the legal organization of competition authorities, and the second is related to the competencies of the competition authority and the effect of its formation on the exercise of the competencies entrusted to it, relying on the comparative analytical approach in this regard.
The research concluded with several results, the most important of which is the limited administrative, financial, and organizational independence of competition regulators, which applies to a varying degree to the specializations, in addition to the ambiguity of the composition of these bodies. In light of this, the legal research in the Arab countries recommended granting full financial and administrative independence to these bodies in order to activate the regulation of competition, and also recommended that the formation of these bodies be completely judicial, as this guarantees impartiality, efficiency and effectiveness.
Keywords: competition protection, price protection, regulation of economic activity, monopoly, mergers.