Competition Law in relation to Cartels that have a Cross-Border Impact: Investigation, Enforcement and Co-operation - A Critical Appraisal of Practice in the EU, Algeria and Egypt

Abstract

This thesis examines how the EU Commission investigates, enforces, and cooperates with other jurisdictions—specifically Algeria and Egypt—in addressing the anti-competitive effects of hard-core cross-border cartels. It aims to assess the effectiveness of these enforcement and cooperation mechanisms and to identify the lessons that Algeria and Egypt can draw from the EU’s experience in developing their own competition law frameworks. The study relies on two complementary methods suited to the nature of the topic. It first draws on a doctrinal analysis to understand how each jurisdiction defines and treats hard-core cartels—whether they are considered unlawful by their very nature (“by object”) or only when their effects on competition are proven. These distinctions influence how cases are handled in practice and the kind of sanctions applied. The second strand of the research uses a comparative approach to assess how the EU, Algeria, and Egypt design and implement their rules on anti-cartel enforcement. While both African systems show traces of the EU model of competition law, their enforcement practices and policy choices remain shaped by domestic priorities and institutional realities. The findings show that effective action against cross-border cartels requires both proactive market monitoring and reactive investigation in response to credible information or complaints. Strong cooperation and coordination between competition agencies—grounded in confidentiality and mutual trust—are essential for success. Although the EU has developed advanced mechanisms for enforcement and cooperation, Algeria and Egypt continue to rely on traditional procedures for recognising and enforcing foreign judgments, which remain largely untested in cartel cases. The research highlights the potential role of the 2019 Judgments Convention in strengthening cross-border recognition and enforcement of competition judgments. It recommends that Algeria and Egypt consider accession to this Convention to enhance their enforcement capacities and to ensure that judgments against cross-border cartels can be recognised and enforced across other contracting jurisdictions.