Abstract
Through our study of mechanisms for protecting productive competition, the Competition Council as a model, can be said that the Mauritanian legislator has made advanced strides in protecting competition. These legislations are also considered one of the most important guarantees that lead to free competition playing an effective role in economic development. Independent economic control bodies, by their nature, can achieve a balance between various interests according to their collective deliberative procedures with actual guarantees for making sound decisions and solutions on sensitive and complex issues. The Mauritanian legislator grants it the powers of oversight and punishment. Therefore, based on the results of this research, we can make the following suggestions and recommendations:
- Incorporating regulatory powers and stipulating them in the Constitution so that they do not conflict with its provisions related to the principle of separation of powers, especially in exercising the power of punishment.
- Strengthening the independent control authorities and providing them with guarantees to guarantee the freedoms and rights of people in the face of the punishment authority vested in them, such as adopting the principle of halting the implementation of their punitive decisions.
- Enacting a new law that brings together common rules between independent control authorities and constitutes a reference for regulating their relations
- Transferring the guardianship of the Competition Council from the Ministry in charge of Trade to the Presidency to give it more independence
- Extending the Council’s jurisdiction to restrictive and anti-competitive practices and giving it the authority to estimate compensation
- Expanding representation on the Council to include consumer protection associations as the defender of the important and pivotal element in the economic cycle