SAWT BEIRUT INTERNATIONAL

| 27 February 2024, Tuesday |

Described as most daring.. Judicial decision to break monopoly and exclusivity

In a bold judicial decision, after many companies and individuals were hoarding the exclusive goods and products that the Lebanese people began to be aware of their loss, Judge Ralph Karkby, in his capacity as a judge for urgent matters in the Metn, issued a decision described as the most daring, as it gives the authority to any company or individual to import products The Lebanese market lost, without the exclusivity control of its provision by the exclusive agent.

Judge Karkby based his decision on the text of the first paragraph of Article 5 of the Competition Law No. 281 2022, and thus the aforementioned decision broke the barrier of monopoly and exclusivity.

The text of the decision contained the following explanation:

Upon auditing, and in light of the issuance of Competition Law No. 281 dated 3/15/2022 published in Issue 12 of the Official Gazette dated 17/3/2022, which states in the first paragraph of its fifth article that it is literal: “The clause limiting commercial representation does not apply to persons Tertiary companies (companies or individuals) even if the agent announced his registration in the commercial register, and every Lebanese has the right to import any product of goods that have an exclusive representative in Lebanon, whether it is for his personal use or trading, which means that every individual or institution has the right to import any kind of goods and products, even if it has an exclusive agent in Lebanon, which ends the monopoly in Lebanese trade.”

    Source:
  • NNA