Competition Law at Libya
Libya's competition law framework is primarily governed by Law No. 23 of 2010 on Commercial Activities, which includes provisions related to competition and consumer protection. The Libyan Competition and Anti-Trust Council, established under this law, is tasked with overseeing and enforcing these regulations.
📜 Legal Framework
Law No. 23 of 2010 on Commercial Activities
This law encompasses several provisions aimed at promoting fair competition and preventing monopolistic practices:
Article 1291: Addresses commercial concentration operations, requiring review by the Competition Council to assess potential anti-competitive effects.
Article 1292: Establishes the Competition Council as an independent legal entity with its own financial autonomy, operating under the supervision of the General People's Committee)
Article 1293: Outlines the constitution of the Competition Council, detailing its composition and responsibilities.
Article 1286: Defines illegal competition, including activities such as counterfeiting registered trademarks, encroachment of trade names, and unauthorized use of industrial models.
Article 1291: Prohibits the sale of goods and services below cost price, with exceptions for goods subject to damage or seasonal goods.
These provisions aim to foster a competitive market environment and protect consumers from unfair trade practices.
🏛️ Institutional Oversight
The Libyan Competition and Anti-Trust Council is the primary body responsible for enforcing competition laws in Libya. It operates as an independent entity with financial autonomy and is supervised by the House of Representatives. The Council's mandate includes investigating anti-competitive practices, reviewing mergers and acquisitions, and ensuring compliance with competition regulations.
In recent years, the Council has engaged in regional cooperation to enhance its effectiveness. Notably, in 2024, the Chairman of the Council signed a memorandum of cooperation with the Chairman of the Tunisian Competition Council to exchange knowledge, expertise, and information in the fields of competition and consumer protection .
⚖️ Enforcement and Sanctions
While the legal framework provides for the regulation of competition, enforcement remains a challenge due to the country's ongoing political instability. The absence of a fully operational Competition Council has hindered the effective implementation of competition laws. However, there have been efforts to address these issues, including calls from the Business Council for the Competition Council to become operational .
🔄 Future Outlook
Libya's competition law framework is evolving, with ongoing efforts to strengthen enforcement mechanisms and align with regional standards. The establishment of a fully functional Competition Council and enhanced regional cooperation are pivotal steps toward fostering a competitive market environment and protecting consumers from anti-competitive practices.
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