المفهوم القانوني للاستعمال غير المشروع للمركز المتحكم في السوق (دراسة مقارنة)

Abstract

In order to give a clear idea about the research topic، we will divide it to the following points;

Firstly\ the essence of the idea of the search

The principle of the free market economy that prevailed in the world since quite some time plays a key role in promoting the process of competition between enterprises in commercial activities and various economic on both domestic and international، competition achieves without doubt positive benefits for nations and individuals represented by the achievement of abundance in the supply of goods and the services، In addition to diversity، quality and low prices.

But the competition does not achieve the mentioned benefits Unless they are constrained by a set of controls that make them legitimate، competition that does not conflict with existing laws and business customs and traditions As well as free competition does not return by which restrict or limit it.

To ensure that، the world turned to issuing legislation through which is trying to find a balance between two things:

First: Allow the establishing of the huge economic entities through the acquisition، concentration، alliance or common management، although those entities have controlling position in the market or in fact it is controlling it.

Second: regulate the relations between the huge entities and those other competitive entities and in a manner that ensures the protection of legitimate competition and prevent doing of any case of monopoly by controlling projects in the market، where doing these cases of monopoly is going to change the legitimate competition to illegitimate competitions.

If the controller in the market is located in the foreground of economic Owned by a particular project، including appropriate attributes of the financial and commercial experience and so advanced technologically، that economic capacity enables it to extend control over the market concerned with the production or distribution or marketing of its predecessor or Service ، or limiting the quantity of the production or the way of distribution or marketing not considering the condition of the other enterprises that competing with it and their situation .

And according to what is mentioned above the countries has rushed to enact the laws considering the competition regulation and to prevent the monopolistic behaviors ،one of the regulations of those legislati

through a set of banned behaviors that is not but a monopolistic behaviors which is embodying the idea of illegal use of the project for the controller center in the market.

It was the United States the world leader in this field as in the year 1890 issued the Sherman Act Then followed law Akleiton year 1914، Then issued a set of laws that aiming to prevent and combat monopolistic practices.

on is using the controller center in the market