The impact of contracts concluded in strategic sectors on competition rules

Abstract

 Given the sensitive nature of strategic sectors and their impact on the public interest, the legislator has subjected contracts concluded in these sectors to special regulatory constraints, which may restrict freedom of contract and give rise to monopolistic situations. This constitutes a serious infringement of competition rules and raises a central legal issue: how to reconcile the specific characteristics of strategic sectors with the requirements of competition law, in order to protect the public interest without undermining the essence of free competition.