How Does Judicial Control Impact the Enforcement of Articles 5 and 6 of Saudi Arabia's Competition Law: A Legal and Institutional Analysis

Abstract

With an emphasis on anti-competitive agreements and abuse of dominance, this dissertation investigates the function of judicial control in upholding Articles 5 and 6 of Saudi Arabia's Competition Law. The study examines the relationship between the judiciary and the General Authority for Competition's regulatory enforcement procedures. The study uses institutional critique, case law review, and doctrinal analysis to assess how well judicial oversight preserves fair competition in Saudi marketplaces. It also considers the impact of Sharia law, which molds Saudi Arabia's legal environment, and how it interacts with contemporary competition laws. The research identifies key challenges in judicial control, including the presumption of validity of administrative decisions, the complexity of competition cases, and the limited transparency in GAC decision-making processes. The study finds that while judicial oversight is an essential check on the GAC’s authority, the current enforcement framework could benefit from reforms to increase transparency, improve the separation of powers within the GAC, and enhance judicial expertise in competition law. Recommendations are provided to strengthen the alignment between Sharia principles and modern competition law, ensuring fairness and efficiency in enforcement. This dissertation contributes to the broader understanding of how judicial control can ensure accountability in enforcing competition laws while navigating the dual demands of modern le-gal practices and traditional Islamic principles.