An evaluation of the performance of competition agencies: the case of Maghreb countries

Abstract

A competition agency represents an independent regulatory institution, which takes the form of an administrative body. A competition authority enables the development of markets and displays to market operators and new players a dedication to the principles of free markets and fair competition. In other words, a competition authority should intervene in a timely manner to correct any anti-competitive behaviour and implement the necessary remedies; it should be equipped with an adequate knowledge of the market in order to make its decisions. Moreover, its involvement should be predictable, that is, it should have a positive influence on markets. Furthermore, a competition agency should continuously evaluate its role as public institution and law enforcer by following the economic and legal evolution of the jurisdiction in which it operates. Until recently, the debate has predominantly revolved around the substance of competition law. However, in recent years, the evaluation of the performance of competition agencies has been embraced by numerous countries, including developing ones. This is because most emerging countries around the world have progressively been opening their domestic markets to competition, which led to giving more power to competition agencies to monitor markets. As this perspective has not been explored in the context of Maghreb countries, which also represent developing economies, this research endeavours to do so. Therefore, the aim of this research is to analyse the extent to which the performance of competition agencies in Maghreb countries influences the enforcement of competition law.