In the free zone, commercial transactions are conducted exclusively in currencies quoted by the Bank of Algeria.

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1 7/23/12 Algeria: Ordinance No of 19 Jumada I 1424 Corresponding to July 19, 2003 on Competition Algeria Ordinance No of 19 Jumada I 1424 corresponding to July 19, 2003 on Competition Bibliographic Entries Home Resources WIPO Lex Texts Select Language Order No dated 19 Jumada I, 1424 corresponding to July 19, 2003 on competition. TITLE I General TITLE IIDES PRINCIPLES OF COMPETITION TITLE IIIDU COMPETITION COUNCIL TITLE IV TRANSITIONAL AND FINAL contribution and contributions to statutory social security. However, the staff of foreign nationality with the quality of nonresident before recruitment, may, unless otherwise provided by the bilateral reciprocity in the field of social security signed by Algeria with the states in which this is a national staff, opt for a social security system other than the Algerian regime. In this case, the employer and employee are not liable for the payment of contributions and social security contributions in Algeria. Art. 12. Capital investment is made, in a free zone, by nonresident legal persons must be done through convertible currencies quoted regularly by the Bank of Algeria and the importation of which is duly established by consensus or by a licensed commercial bank. Art. 13. Capital investment is made, in a free zone, by resident legal entities, can be done through convertible currency or convertible dinars, as applicable, in accordance with the laws and regulations. Art. 14. The movement of capital within the free zone, between it and the customs territory, or outside the national territory, are governed in accordance with exchange regulations to specific zones. In the free zone, commercial transactions are conducted exclusively in currencies quoted by the Bank of Algeria. Art. 15. Companies located within the free zone, hereinafter referred to as "operators", freely export and import services and goods for the purposes of the implementation and operation following the tax, customs and exchange, defined by the specific this Ordinance, except for goods absolutely prohibited, goods infringing morality or public order, public safety, health and public hygiene, or which contravene the rules governing the intellectual property, and in accordance with the laws and regulations. Art. 16. The operations of providing goods and services from the customs territory, to operators located in the free zone are subject to the regulation of foreign trade and exchange controls, as well as tax and customs applied to export. Art. 17. The flow into the customs territory, goods and services from the free zone, does not exceed 50% of the turnover duty of every producer of goods and / or services. 1/12

2 7/23/12 Algeria: Ordinance No of 19 Jumada I 1424 Corresponding to July 19, 2003 on Competition Sales into the customs territory are subject to the regulation of foreign trade and exchange controls in force and payment of duties and import taxes. Art. 18. Goods admitted into a free zone may be subject to assignment or transfer between operators located in free zones. Art. 19. The technical and managerial staff of foreign nationality working in the zone shall be subject, upon recruitment, a declaration by the employer from the operator of the zone, which makes notification services Employment territorial jurisdiction. The stay of foreign leaders and staff and their families is subject to the formalities prescribed by law and regulations. Art. 20. Notwithstanding any other provision of law otherwise, the working relationships between employees and operators located in free zones are governed by employment contracts freely entered into between the parties. The national labor force is governed by the provisions of national legislation on social security and social security. Art. 21. The foreign nationals opting for a security system other than the Algerian regime are required to provide to the competent social security agency, a request for nonaffiliation. The implementing rules of this section shall be defined by regulation. Art. 22. The operators engaged in the Free Zone enjoy the guarantees provided by existing legislation and bilateral agreements of reciprocal protection of investments or Multilateral Investment Guarantee and Dispute Resolution, ratified by Algeria. Art. 23. The rules for implementing the provisions of this Ordinance shall be determined as required by regulation. Art. 24. This Ordinance shall be published in the Official Gazette of the Democratic Republic of Algeria People. Done at Algiers on 19 Jumada I 1424 corresponding to July 19, Abdelaziz Bouteflika. Ordinance No of 19 Jumada I 1424 corresponding to 19 July 2003 on the competition. The President of the Republic, Given the Constitution, particularly Articles 122 and 124; Given order n of 16 November 1965, as amended and supplemented, on judicial organization; Given order n of June 8, 1966, as amended and supplemented, relating to the Code of Civil Procedure; Given order n of June 8, 1966, as amended and supplemented, relating to the Code of Criminal Procedure; Given order n of June 8, 1966, as amended and supplemented concerning penal code; Given order n 7558 of September 26, 1975, as amended and supplemented, with the Civil Code; Given order n 7559 of September 26, 1975, as amended and supplemented, relating to the Code of Commerce; Given Law n 8317 of July 16, 1983, as amended and supplemented, bearing water code; Given Law n 8902 of 7 February 1989 on the general rules of consumer protection; 2/12

3 7/23/12 Algeria: Ordinance No of 19 Jumada I 1424 Corresponding to July 19, 2003 on Competition Given Law n 9010 of April 14, 1990, as amended and supplemented, relating to the currency and credit; Given Law n 9022 of August 18, 1990, as amended and supplemented, relating to the register of commerce; Given order n 9506 of 23 Sha'ban 1415 corresponding to 25 January 1995 on competition; Given Organic Law n 9801 of 4 Safar 1419 corresponding to 30 May 1998 on the powers, organization and functioning of the State Council; Given Law n of 5 Jumada I 1421H, corresponding to 5 August 2000 laying down general rules on post and telecommunications; Given Law n of 27 Ramadhan 1421 corresponding to 23 December 2000 Finance Act 2001, in particular Articles 32 and 33; Given Law n 0110 of 11 Rabie Ethani1422 corresponding to 3 July 2001 Mining Law; Given order n 0104 of Jumada Awwal Ethania 1422 corresponding to August 20, 2001 on the organization, management and privatization of public economic enterprises; Given Law n 0118 of 27 Ramadhan 1422 corresponding to 12 December 2001 framework law on the promotion of small and medium enterprise; Given Law n 0201 of 2 Dhu El Kaada 1422 corresponding to February 5, 2002 on electricity and gas distribution by pipeline; Given Law n 0211 of 20 Shawwal 1423 corresponding to 24 December 2002 Finance Act 2003 in particular Article 102; The Cabinet heard; Promulgates the Ordinance which reads as follows: TITLE I GENERAL PROVISIONS Article. First. This Ordinance is to establish the conditions for exercise of market competition, to prevent any restrictive practice and control economic concentrations to stimulate economic efficiency and improve the welfare of consumers. Art. 2. This Order applies to the production, distribution and services including those that are made by public figures, since they are not taken as part of the exercise of public powers or in carrying out public service missions. Art. 3. It is understood the meaning of this order by: a) business: any natural or legal person whatever its nature, engaged in a sustainable way of production activities, distribution or services; b) Market: Market any goods or services affected by a restrictive practice, as well as those which are regarded as identical or substitutable by reason of their particular characteristics, their prices and their intended use, and the area geographic area within which businesses are engaged in offering goods or services in question; c) dominant position: the position allowing a company to hold, on the relevant market, a position of economic strength which gives him the power to hinder effective competition, by providing the opportunity to act independently in an appreciable extent visàvis its competitors, its customers or its suppliers; d) economic dependence: the business relationship in which a business has no comparable alternative if it is to refuse to contract under the conditions imposed by another company, customer or supplier. PART II Chapter I PRINCIPLES OF COMPETITION 3/12

4 7/23/12 Algeria: Ordinance No of 19 Jumada I 1424 Corresponding to July 19, 2003 on Competition Price of freedom Art. 4. Prices of goods and services are freely determined by the competition. However, the State may restrict the general principle of freedom of prices under the conditions defined in Article 5 below. Art. 5. The goods and services considered strategic by the state may be a price regulation by decree, after consultation with the Competition Council. Can be also taken exceptional measures to limit price increases or pricing if excessive price increases caused by serious market disruption, a calamity lasting difficulties of supply in a sector or a specific geographical area or by natural monopoly situations. These exceptional measures are taken by decree for a period not exceeding six (6) months after the opinion of the Competition Council. Chapter II Practices that restrict competition Art. 6. Are prohibited, or when their purpose may be to effect the prevention, restriction or distortion of free competition in one market or a substantial part of it, and concerted practices, covenants and agreements expressed or implied, including when they tend to: limit market access or doing business; limit or control production, markets, investments or technical progress; share markets or sources of supply; hinder the fixing of prices by market forces by artificially favoring their increase or decrease; apply in respect of business partners, dissimilar conditions to equivalent transactions, thereby placing them a competitive disadvantage; making the conclusion of contracts subject to acceptance by the other parties of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject of such contracts. Art. 7. Is prohibited abuse of a dominant or monopolistic position in a market or a market segment designed to: limit market access or doing business; limit or control production, markets, investments or technical progress; share markets or sources of supply; hinder the fixing of prices by market forces by artificially favoring their increase or decrease; apply in respect of business partners, dissimilar conditions to equivalent transactions, thereby placing them a competitive disadvantage; making the conclusion of contracts subject to acceptance by the other parties of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject of such contracts. Art. 8. The Competition Council may determine, upon request of interested companies, there is no place for him, according to 4/12

5 7/23/12 Algeria: Ordinance No of 19 Jumada I 1424 Corresponding to July 19, 2003 on Competition the elements which are known to intervene in respect of an agreement, of concerted action, agreement or practice as defined in Articles 6 and 7 above. The procedure for submission of the application to benefit from the provisions of the preceding paragraph shall be determined by decree. Art. 9. Not subject to the provisions of Articles 6 and 7, the agreements and practices that result from the application of a statute or statutory instrument made thereunder. Are allowed, agreements and practices whose authors can justify their effect is to provide an economic or technical progress, or they contribute to improving employment, or that allow small and medium businesses to consolidate their position competitive market. May not benefit from this provision that the agreements and practices that have been authorized by the Competition Council. Art. 10. Is regarded as having practical effect the prevention, restriction or distortion of free competition, any exclusive purchase contract giving the holder a distribution monopoly on a market. Art. 11. It is forbidden, since it may affect free competition, the abuse by a company, the state of dependency in which there is to it a business, customer or supplier. These abuses may in particular consist of: a refusal to sell without just cause; concurrent sale or discriminatory; the sale conditioned by the acquisition of a minimum quantity; the obligation of resale at a minimum price; rupture of a business relationship solely because the partner refuses to submit to unjustified trading conditions; any other act likely to reduce or eliminate the benefits of competition in a market. Art. 12. The following are prohibited practices quotations or selling prices to consumers by unfairly low cost of production, processing and marketing, since these offers or practices have the purpose or effect can be eliminated from a market or prevent access to a market, a company or its products. Art. 13. Notwithstanding the provisions of Articles 8 and 9 of this Ordinance, no person is any commitment, agreement or contract clause relating to a practice prohibited by sections 6, 7, 10, 11 and 12 above. Art. 14. The practices described in sections 6, 7, 10, 11 and 12 above are called restrictive practices. Chapter III Art. 15. Under this order, a concentration is achieved when: 1 to 2 or more previously independent undertakings merge, Economic concentrations 2 to 1 or more persons already controlling at least one company, or, one or more undertakings, acquire directly or indirectly, whether by making equity investments or purchase of assets, contract or by any other means, the control of the whole or parts of one or several other companies. 3 the creation of a joint venture performing, in a sustainable manner, all the functions of an autonomous economic entity. 5/12

6 7/23/12 Algeria: Ordinance No of 19 Jumada I 1424 Corresponding to July 19, 2003 on Competition Art. 16. The control referred to in paragraph 2 of Article 15 above, by rights contracts or other means which alone or jointly, and the circumstances of fact or law, the possibility of exercising decisive influence and sustainable on the activity of a business including: 1 rights of ownership or use all or part of company assets; 2 rights or contracts which confer decisive influence on the composition, voting or decisions of organs of an undertaking. Art. 17. Concentrations that are likely to harm competition by reinforcing the dominance of a firm in a market, must be submitted by their authors at the Competition Council takes a decision within three (3) months. Art. 18. The provisions of Article 17 above shall apply whenever the concentration is aimed at achieving a level of over 40% of sales or purchases in a market. Art. 19. The Competition Council may, after consulting the Minister for Trade, allow or reject, for good cause, the concentration. The authorization of the Competition Council may be subject to conditions that would mitigate the effects of the merger on competition. Companies merging parties themselves can make commitments to mitigate the effects of the merger on competition. The rejection of the concentration can be appealed to the State Council. Art. 20. During the period required for the decision of the Competition Council, the authors of the merger can not take any action that the concentration irreversible. Art. 21. When public interest warrants, the Government may, on the report of the Minister for Trade and Minister responsible for the sector concerned by the concentration, allowing motion or at the request of stakeholders, conducting a concentration rejected by the Competition Council. Art. 22. The terms and conditions of application for authorization of concentrations are determined by decree. PART III THE COMPETITION COUNCIL Art. 23. It is created with the Head of Government administrative authority hereinafter "Competition Council", enjoying legal personality and financial autonomy. The head of the Competition Council is in Algiers. Art. 24. The Competition Council is composed of nine (9) members in the categories below: 1 to 2 (2) members hold or have held the State Council, the Supreme Court or the Court of Auditors as a magistrate or counselor; 2 to 7 (7) members from among persons known for their legal jurisdiction, or economic competition, distribution and consumption, including one person appointed upon proposal of the Minister for the Interior. They perform their duties full time. Art. 25. The President, ViceChairman and other members of the Competition Council are appointed by presidential decree for a period of five (5) years, renewable. It ceased their functions in the same manner. Art. 26. He is appointed to the Competition Council a Secretary General and rapporteurs appointed by presidential decree. The Minister for Trade, by order, his representative and an alternate to the Competition Council. They sit in the Competition Council without voting rights. 6/12

7 7/23/12 Algeria: Ordinance No of 19 Jumada I 1424 Corresponding to July 19, 2003 on Competition Chapter I Operation of the Competition Council Art. 27. The Competition Council address an annual report to the legislature, the Head of Government and Minister for Trade. The report comes a month after its transmission to the authorities referred to above. It is published in the Official Journal of the People's Democratic Republic of Algeria. It can also be published in full or in excerpts in any other media information. Art. 28. The work of the Competition Council are directed by the president or vicechairman to replace in case of absence or incapacity. The Competition Council shall be valid only in the presence of six (6) of its members at least. The meetings of the Competition Council are not public. The decisions of the Competition Council are taken by simple majority in case of an equality of votes the Chairman shall be decisive. Art. 29. No member of the Competition Council can not deliberate in a case in which he is interested or has any relationship to the fourth degree with one of the parties or, if he represents or has represented a stakeholders. Members of the Competition Council are bound by professional secrecy. Membership of the Competition Council is incompatible with any other occupation. Art. 30. For cases before it, the Competition Council shall hear the interested parties must submit a brief. The parties may be represented or be assisted by counsel or by any person of their choice. Interested parties and the representative of the Minister of Commerce are entitled to access to file and obtain copies. However, the President may refuse, at its own initiative or at the request of stakeholders, disclosure materials or documents involving trade secrets. In this case, these records or documents are removed from the file. The decision of the Competition Council can not be based on papers or documents removed from the file. Art. 31. The organization and operation of the Competition Council are set by decree. Art. 32. The status and remuneration system for members of the Competition Council are set by decree. Art. 33. The budget of the Competition Council is written in the indicative of the Head of Government services. The President of the Competition Council is chief authorizing officer. The budget of the Competition Council is subject to the general operating rules applicable to the state budget. Chapter II Responsibilities of the Council of Competition Art. 34. The Competition Board has jurisdiction decision, proposal and believes that it exerts its initiative or on application, on any question or any action or measure to ensure the proper functioning of competition and promote competition in geographic areas or industries where competition does not exist or is insufficiently developed. The Competition Council may call upon any expert or hear anyone likely to inform. It can appeal to the departments responsible for economic surveys to conduct any inspection, investigation or expertise on issues relating to matters within its jurisdiction. 7/12

8 7/23/12 Algeria: Ordinance No of 19 Jumada I 1424 Corresponding to July 19, 2003 on Competition Art. 35. The Competition Council gives its opinion on any competitive issues at the request of the Government and put forward proposals on competition aspects. It can also be viewed on the same issues by local authorities, the economic and financial institutions, businesses, professional associations and unions and consumer associations. Art. 36. The Competition Council is consulted on any proposed regulatory text connected with the competition or introduction of measures that might include: to make the exercise of a profession or activity, or access to a market to quantitative restrictions; establish exclusive rights in certain areas or activities; to establish special conditions for the pursuit of television production, distribution and services; to establish uniform practices with regard to conditions of sale. Art. 37. The Competition Council may make investigations on the applicability of laws and regulations connected with the competition. In case these surveys reveal that the application of these laws leads to restrictions on competition, the Competition Council undertakes all actions to end these restrictions. Art. 38. For treatment of cases related to restrictive practices, as defined by this order, the court may enter the Competition Council for opinion. Notice is given only after an adversarial procedure, unless the Council has already considered the matter concerned. Jurisdictions communicate to the Competition Council, at its request, the records or investigative reports connected with facts of which the Council. Art. 39. When the Competition Council has before it a practice within an industry under the control of a regulatory authority, shall transmit a copy of the file, for opinion to the authority concerned. As part of its duties, the Competition Council shall develop relations of cooperation, consultation and exchange of information with regulatory authorities. Art. 40. Subject to reciprocity, the Competition Council may, within its competence, and in connection with the relevant authorities, provide information or documents in its possession or can obtain, at their request, to the authorities Foreign competition, have the same powers, provided to ensure confidentiality. Art. 41. Under the same conditions as those provided for in Article 40 above, the Competition Council may, at the request of foreign authorities to competition, driving or conducting investigations related to restrictive practices. The survey is conducted under the same conditions and procedures as those provided within the functions of the Competition Council. Art. 42. The provisions of Articles 40 and 41 above shall not apply if the information or documents requested investigations undermine national sovereignty, economic interests of Algeria or the internal public order. Art. 43. The Competition Council may, for the implementation of Articles 40 and 41 above, enter into agreements governing its relations with foreign competition authorities with the same skills. Art. 44. The Competition Council may be referred by the Minister for Trade. It may take up office or be seized by any company or for any matter in which they are interested, by the institutions and bodies referred to in paragraph 2 of Article 35 of this Ordinance. The Competition Council shall consider whether the practices and actions before it enters the scope of items 6,7,10,11 and 12 or above are justified under Article 9 above. 8/12

9 7/23/12 Algeria: Ordinance No of 19 Jumada I 1424 Corresponding to July 19, 2003 on Competition It may, by reasoned decision, the referral order if it believes that the facts are not within the scope of its jurisdiction, or are not supported by sufficient evidence. The Competition Council can not be dealt with cases dating back more than three (3) years, if we did not make any act aimed at searching, finding and sanction. Art. 45. In the case where queries and folders before it or which it takes under its jurisdiction, the Competition Council is motivated injunctions to stop the restrictive practices found. It may impose monetary sanctions, either immediately or for breach of injunctions in time it has set. It may also order the publication, dissemination or display of a decision or an extract thereof. Art. 46. The Competition Council may, on request of the complainant or the Minister for Trade, take interim measures to suspend restrictive practices alleged subject of education, it is urgent to avoid a situation likely to cause imminent and irreparable harm to companies whose interests are affected by these practices or to harm the general economic interest. Art. 47. The decisions of the Competition Council shall be submitted for execution to the parties concerned by registered mail with return receipt and the Minister for Commerce, which oversees their execution. Under penalty of nullity, the decisions must specify the period for appeal. They must also indicate the names and addresses of parties to whom they were notified. Art. 48. Any person or entity aggrieved by a restrictive practice as provided for herein, may refer to the competent court for redress under the legislation. Art. 49. The decisions of the Competition Council and the Court of Algiers competition are published by the minister for trade in the Official Bulletin of the competition. Extracts of decisions may be published by the press or any other medium of information. Chapter III The appraisal process Art. 50. The rapporteur investigates inquiries and complaints concerning restrictive practices assigned by the President of the Competition Council. If a decision is inadmissible under the provisions of Article 44 (paragraph 3) above, it shall inform reasoned opinion by the Competition Council. Matters within industries under the control of a regulatory authority are investigated in coordination with the services of the authority concerned. Art. 51. The recorder may, without facing professional secrecy, consult any documents necessary for the investigation of the case which it is responsible. It may require the submission to whomever they are, and to seize documents of any kind, to facilitate the accomplishment of its mission. The documents shall be attached to the report or returned upon completion of the investigation. The reporter can gather all information necessary for the business survey or with any other person. It sets deadlines for information to be received. Art. 52. The rapporteur prepares a report containing the preliminary statement of the facts and the objections raised. The report shall be notified by the Chairman the parties concerned, the Minister for Commerce, and interested parties, who may make written comments within a period not exceeding three (3) months. Art. 53. The hearings which shall, where appropriate, the rapporteur, giving rise to the establishment of a record signed by the persons interviewed. In case of refusal to sign, he is mentioned by the rapporteur. 9/12

10 7/23/12 Algeria: Ordinance No of 19 Jumada I 1424 Corresponding to July 19, 2003 on Competition Persons heard may be assisted by counsel. Art. 54. Upon completion of the investigation, the reporter shall file with the Competition Council a reasoned report containing the complaints made, the reference to offenses and a proposal for decision and, if appropriate, proposals for regulatory measures in accordance with section 37 above. Art. 55. The chairman of the Competition Council shall report to the parties and the Minister responsible for trade may submit written comments within two (2) months. They also indicate the date of the hearing in the matter. Written comments cited in paragraph 1 above may be consulted by all parties fifteen (15) days before the hearing date. The rapporteur submits its comments on any written comments cited in paragraph 1 above. Chapter IV Sanctions restrictive practices and concentrations Art. 56. Restrictive practices, such as referred to in Article 14 above, shall be punished by a fine not exceeding 7% of the turnover duty performed in Algeria during the last financial year. If the offender is a natural or legal person or a professional organization with no turnover own, the maximum fine is three million dinars (3,000,000 DA). Art. 57. Is punishable by a fine of two million dinars (DA ), any person who has participated personally and fraudulently to the organization and implementation of restrictive practices as defined by this Ordinance. Art. 58. If the injunctions or interim measures under Articles 45 and 46 above are not met on time, the Competition Council may impose periodic penalty payments of an amount of one hundred thousand dinars (100,000 Da) by day of delay. Art. 59. The Competition Council may decide, upon report of the rapporteur, to a fine of a maximum of five hundred thousand dinars (500,000 Da) against companies who deliberately or negligently, supply incorrect or incomplete in a inquiry pursuant to section 51 above or do not provide the requested information within the time set by the rapporteur. The Council may also decide a penalty of fifty thousand dinars (50,000 Da) per day of delay. Art. 60. The Competition Council may decide to reduce the amount of the fine or not to impose fines against companies that, during the investigation of their case, shall recognize the offenses which they are accused, together the acceleration thereof, and undertake not to commit offenses related to the provisions of this Ordinance. The provisions of paragraph 1 above shall not apply in case of recurrence regardless of the nature of the offense. Art. 61. A concentration subject to the provisions of Article 17 above and made without authorization of the Competition Council, shall be punished with a penalty of up to 7% of turnover excluding taxes realized in Algeria during the last financial year, for each undertaking party to the merger or the company resulting from the merger. Art. 62. In case of non compliance with the requirements or commitments mentioned in Article 19 above, the Competition Council may decide a penalty of up to 5% of turnover excluding taxes realized in Algeria during the last financial year of each company party to the concentration, or the company resulting from the merger. Chapter V The appeal procedure against decisions of the Competition Council Art. 63. Decisions of the Competition Council may be appealed to the Court of Algiers, ruling on commercial, by the parties concerned or by the Minister for Trade, within a period not exceeding one month from the date of receipt of the decision. The appeal lodged against the provisional measures referred to in Article 46 above is introduced within eight (8) days. The appeal to the Court of Algiers does not suspend the decisions of the Competition Council. However, the president of the 10/12

11 7/23/12 Algeria: Ordinance No of 19 Jumada I 1424 Corresponding to July 19, 2003 on Competition Algiers Court may decide within a period not exceeding fifteen (15) days, to stay the execution of measures under Articles 45 and 46 above made by the Competition Council, when facts or circumstances require serious. Art. 64. An appeal to the Court of Algiers against decisions of the Competition Council is made by the parties to the proceeding, in accordance with the Code of Civil Procedure. Art. 65. Upon the filing of the petition for appeal, a copy is forwarded to the President of the Competition Council and the Minister for Trade when it is not a party to the proceeding. The President of the Competition Council transmits to the President of the Court of Algiers on the case file, subject of the appeal within the time fixed by the latter. Art. 66. The judge rapporteur shall transmit to the Minister for Trade and President of Competition Council any observations to copy all the new parts exchanged between the parties to the proceeding. Art. 67. Minister for Trade and President of Competition Council may submit written comments within the deadline set by the judge rapporteur. These observations are communicated to the parties to the proceeding. Art. 68. The parties to the Competition Council and who are not parties to the appeal, may join the proceeding or be challenged at every moment of the proceedings in accordance with the Code of Civil Procedure. Art. 69. The application for stay of execution, under paragraph 2 of Article 63 above, is made under the provisions of the Code of Civil Procedure. The stay application is submitted by the claimant in the principal action or by the Minister for Trade. It is admissible only after filing of the appeal and must be accompanied by the decision of the Competition Council. The President of the Court of Algiers requires the opinion of the Minister of Trade on request for stay of execution, when it is not party to the proceeding. Art. 70. The judgments of the Court of Algiers are sent to the Minister for Trade and President of Competition Council. PART IV TRANSITIONAL AND FINAL Art. 71. The recovery of amounts of fines and penalties decided by the Competition Council is made as loans from the state. Art. 72. The cases brought before the Competition Council and the Court of Algiers before the entry into force of this Order continue to be heard in accordance with the order n 9506 of 23 Sha'ban 1415 corresponding to 25 January 1995 on competition and the texts adopted for its implementation. Art. 73. Are repealed all provisions contrary to those of this order, including the provisions of Ordinance No of 23 Sha'ban 1415 corresponding to January 25, 1995, hereinabove. Provisionally, remain in effect provisions in Title IV, Title V and Title VI of the Ordinance n 9506 of 23 Sha'ban 1415 corresponding to 25 January 1995 referred to above and the texts adopted for its implementation, to except: Executive Decree n of 16 Rajab 1421 corresponding to October 14, 2000 defining the criteria for conferring an economic dominance as well as those describing the acts constituting abuse of dominant position; Executive Decree n of 16 Rajab 1421 corresponding to October 14, 2000 defining the criteria for assessing proposed mergers or concentrations, which are repealed. Art. 74. This Ordinance shall be published in the Official Gazette of the Democratic Republic of Algeria People. Done at Algiers on 19 Jumada I 1424 corresponding to July 19, /12

12 7/23/12 Algeria: Ordinance No of 19 Jumada I 1424 Corresponding to July 19, 2003 on Competition Abdelaziz Bouteflika. 12/12

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