Requirement of the Open Offer, Means to Concretize the Free Competition in the Law no23/12 including the Public Deals.

Abstract

This research paper aims to treat with the problematic of the public deals' conclusion with open offering requirement, and the extent of respecting of the principles of free and fair competition; such as the sufficient publicity, whether before the deals’ conclusion or during this procedure, then to the extent of existing of the guarantees .

Thus, the legislator, treats with the problematic of the public deals conclusion with open offering requirement, considering it the important means according to the law 23/12, and he provides the obligatory to publish the deal offering, also he stipulates the publicity during the procedures, moreover, as guarantees, he authorizes the right to reviewing, then all that proceedings are subject to the legal control.