The Issue of the Principle of Freedom of Competition and Its Limits in Public Tenders: A Study within the Framework of Libyan and Egyptian Law

Abstract

This research presents and analyzes one of the most important principles established in legislation, jurisprudence, and judicial practice in the field of concluding administrative contracts, namely the principle of free competition between persons, whether natural or legal, in applying to implement administrative contracts and equality between them in Libyan and Egyptian law, which finds its legal basis in the principle of “equality before public utilities,” which is based on the fact that the operation of public utilities is based on the public interest alone without subjective considerations related to persons, and therefore it is not permissible to differentiate between beneficiaries of the services of these utilities, or those who deal with them or work for them, except on objective legal grounds. The research included a definition of the concept of the principle of free competition in bidding for the execution of administrative contracts in Libya, the restrictions imposed on it, the authority of the administration to restrict and limit it, and judicial oversight of the application of this principle, through the presentation and analysis of the principles and foundations governing this relationship as contained in the relevant regulations.