The leniency procedure: instrument in the fight against the anticompetitive agreements (comparative analysis)

Abstract

The competition law aims at market protection by the prohibition of the anticompetitive practices, and this protection appears by the means of certain sanctions in particular the pecuniary penalty “the fine”. But some practical are more harmful than the other anticompetitive practices; they are “the anticompetitive agreements” because of the plurality of their members. It is for that the Algerian legislator – as of other legislations integrated a procedure which makes it possible to facilitate the takings of evidences and to also facilitate the spot of proof, it is the “procedure of leniency”. The latter aims at the complete exoneration or partial of the fine as regards the anti-competitive agreements when these last are revealed by one of these members in front of the authorities of competition with his continuous contribution to the takings of evidences. Thus, this procedure encourages the members of the agreements to reveal them in order to obtain an exemption of the fine.