On the Effectiveness of the Leniency Program in Competition Law

Abstract

The Algerian legislature’s adoption of modern mechanisms—referred to in competition law as “negotiated procedures” in comparative legislation, which take the form of leniency programs, commitments, and non-objection clauses— as traditional mechanisms alone are no longer sufficient to put an end to unlawful or monopolistic practices that economic actors engage in within the market in the field of competition. In addition to the Competition Council’s powers of investigation, consultation, issuing opinions, and decision-making, it has been entrusted with another task under Article 60 of Ordinance No. 03-03 on Competition, namely the authority to negotiate with entities engaging in prohibited practices. Based on the experience of developed countries, the negotiation procedure holds a prominent place in economic crimes, particularly since the criminal justice system has become unable to handle and address the growing number of crimes and public prosecutions. Therefore, the negotiation procedure is considered an effective means used to resolve disputes, subject to certain conditions. Given the unique nature of this procedure in the economic sphere, it is adopted by economic actors in the market for numerous reasons