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The Algerian National Competition Council (in French, CNC) officially took office on 29 January 2013, eighteen years after its creation. The CNC is an independent administrative authority endowed with investigative powers and comprising twelve members.
As well as these members, the CNC boasts a rapporteur team that is made up of instructors and investigators.
The CNC has several objectives:
The CNC shall uphold these objectives thanks to the powers entrusted to it by law, including the following three main powers:
Through its power of prevention, and in application of provisions of Order no. 03-03 dated 19 July 2003 on competition (hereinafter "Order 03-03"), the CNC shall deliver certificates (known as "negative certificates") to companies wishing to obtain a written and final position on potential abuse of dominant position or competition-restricting agreements. The CNC may also issue concentration authorisations to companies that have given prior notice thereof, as in the case of merger operations.
Using its coercive powers, the CNC may also be required to punish behaviours that intentionally restrict competition. Order 03-03 proscribes ententes, abuses of dominant position and exclusivities in any activity, including distribution and production. The main sanction that the CNC can pronounce is a fine that may amount to up to 12% of sales revenue exclusive of taxes, generated in Algeria in the last closed financial year. Fines imposed may also be equal at least to twice the illegal profit made from the illicit practices, without such amount being higher than four times said illegal profit. If the offending company has no defined sales revenue, such fine shall not exceed DA 6,000,000.
Finally, the CNC's regulatory function enables it to issue standards by publishing, in particular, directives, rules, memorandums and guidelines. This regulatory power also enables the CNC to publish an annual activity report, in which it may define its own doctrine.
In order to take up these new challenges, the CNC needs comprehensive regulations on which it can act in terms of competition. The government has announced the upcoming publication of such bylaws.
