Albayan University Journal for Legal Studies and Research

Restrictive agreements are among the most serious practices that undermine market freedom and distort the mechanisms of fair competition, as they involve deliberate coordination of economic behavior between independent undertakings in a manner that prevents, restricts, or affects the structure of competition. For this reason, competition legislations have given particular attention to such agreements due to their adverse effects on competitors, market structure, and the public interest.
This study provides a comparative legal analysis of restrictive agreements by examining their concept, conditions of existence, and distinguishing them from legally similar situations, particularly economic concentration and abuse of a dominant position. It also analyzes their principal forms, namely horizontal and vertical agreements, and assesses the impact of each on the freedom of competition within the market.
The research adopts an analytical and comparative methodology, based on the examination of legislative texts and doctrinal approaches under the Iraqi Competition and Anti-Monopoly Law No. (14) of 2010, the Egyptian Competition Law No. (3) of 2005 and its amendments, as well as French law, particularly Articles L420-1 et seq. of the French Commercial Code. The study discusses the standards used to limit restrictive agreements and adopts the effects-based approach as the most appropriate criterion for assessing their legality, given its consistency with the economic nature of competition law and its protective objectives, as opposed to focusing on the legal form of the agreement or the subjective intent of its parties.
Furthermore, the study examines judicial protection against restrictive agreements through an analysis of unfair competition actions as an effective legal mechanism to counter such practices, highlighting their legal basis, conditions, and effects, particularly remedies in the form of injunctive relief and monetary compensation.
-Keywords : (Restrictive agreements , Competition law , Market and competitive freedom , Horizontal and vertical agreements , Unfair competition action ) .

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Public funds constitute the instrument through which the State carries out its economic activities Accordingly, the State bears the responsibility of exploiting and regulating such funds through public legal persons that provide essential public services to individuals within society. Given the particular nature of public funds, they require exceptional protection and effective judicial oversight in order to eliminate the waste of public money in unlawful areas that burden the public treasury and deprive the State of opportunities to allocate such funds to their proper expenditure channels.
Therefore, the State has enacted constitutional, civil, administrative, and criminal legislation to protect public funds from infringement or misappropriation, and has entrusted the judiciary with a significant role in enforcing these laws by exercising oversight over public funds and ensuring their protection.

The law faces a recurring problem of legislative gaps arising from new developments. This raises questions about the judge\'s ability to fill these gaps and issue rulings on the cases presented. Artificial intelligence (AI) and its diverse, independent applications used in various aspects of daily life pose a new challenge to existing legal rules that regulate relationships between individuals in society. Since the increased use of AI applications means an increase in the resulting harm and a rise in criminal activity, it is essential to explore mechanisms for addressing the legislative gap in regulating civil and criminal liability for the criminal acts or civil damages caused by AI applications and entities.
This research aims to clarify the mechanisms for filling the legislative gap in regulating civil and criminal liability for AI applications and to determine the actual need for new legislation to regulate these aspects, or whether the general rules available in existing laws are sufficient. It has become clear that actions committed by artificial intelligence applications that violate the rules of civil and criminal law, and in light of the principles governing these two legal systems—principles that determine the degree of illegality of an act, particularly the principle of legality upon which criminal law is based (\"no crime, no punishment except by law\")—reveal a legislative gap in the legal framework. This gap necessitates concerted efforts to address and rectify the shortcomings in these rules regarding artificial intelligence applications. On the civil side, guidance can be sought from Article (1) of the Iraqi Civil Code No. 40 of 1951, whereby the judge, based on the principles of justice, strives to fill this legislative gap in order to adjudicate the case before him.

employees for errors resulting from the use of artificial intelligence systems in public utilities, in light of the rapid digital transformation within administrative institutions. The study begins by defining the administrative liability of the public employee as a legal obligation arising from a breach of job duties or a violation of laws and regulations It then defines artificial intelligence as a set of systems and technologies that simulate human cognitive abilities and are used to support administrative decision-making The research addresses the concept of fault-based administrative liability arising from a public employee’s use of artificial intelligence, emphasizing that reliance on such systems does not exempt the employee from accountability. It also reviews the elements of administrative liability, namely fault, damage, and the causal link between them, and concludes by clarifying the sanctions of administrative liability that may be imposed on the employee.

International trade contracts are among the most important tools for facilitating cross-border commercial transactions. They regulate the relationship between parties from different countries, defining the rights and obligations of each party. They also serve as a means to avoid disputes between parties, as they allow for the determination of the applicable law and appropriate dispute resolution mechanisms. This contributes to the growth of the global economy and strengthens the role of trade and international relations. Consequently, contracting parties seek to choose the most suitable means for concluding and executing these contracts. One of the most important of these means today is artificial intelligence (AI) technology, which represents one of the most important fields of computer science dedicated to developing computer programs that possess a degree of autonomy in analysis, deduction, and making intelligent decisions automatically. This has prompted many giant corporations and countries to undergo digital transformation by acquiring artificial intelligence systems to enhance their business operations and keep pace with all the developments accompanying this technology, to the point that the use of artificial intelligence has become a benchmark for economic growth.
Iraq is among these countries that have begun to strongly embrace a digital transformation policy in an attempt to keep up with the times and keep pace with all scientific and technological developments. This research is important in highlighting artificial intelligence technology, its application in the legal mechanisms of international trade contracts, and its impact on the rules of commercial law.

Our research also addresses the problem of the absence of legal texts governing artificial intelligence (AI) matters, as well as the virtual nature of AI and its functional independence as one or both parties in international e-commerce contracts. The research seeks to answer several key questions, including: What is meant by an electronic intermediary using AI technology, and what are its characteristics? Furthermore, what is meant by artificial intelligence, and what are its approved applications in commercial law? To what extent does the electronic (intelligent) intermediary possess legal personality? The study employs both descriptive and analytical methods and is divided into two sections. The first section clarifies the legal concept of an electronic intermediary in the field of AI, defining its types and explaining the applications of AI in concluding international trade contracts using blockchain technology. The second section examines the provisions governing liability arising from the actions of an electronic intermediary using AI technology, the legal basis for the enforceability of these actions against their users, and the nature of the electronic intermediary\'s liability in concluding international trade contracts using AI.
Our research also includes an introduction to provide background information on the topic and a conclusion summarizing the most important findings and recommendations.

The crime under investigation is one of the forms of \"administrative corruption crimes\" that have spread currently, and in a large way compared to previous eras. This is due to the importance of the function at the present time, and the weakness of the legal organization for such crimes, especially in terms of: criminal punishment. Although the element of criminalization exists, the weakness of criminal punishment may cause an increase in the rate of committing such crimes, or other \"administrative corruption\" crimes. This is what prompts us to research this crime, understand its concept, and study it
Accordingly, we will divide this research into two chapters : the first chapter in defining the crime of employee abstention, As for the second chapter, we will devote it to explaining the legal organization of the crime as one of the forms of \"administrative corruption\", and then we will conclude important of our findings and suggestions .

The theoretical challenges of customary international law are essentially the same as those faced by international law as a whole, given that the problems of this legal system are interconnected and intertwined. These issues originate from a single root cause, namely the absence of a comprehensive legal system equipped with the necessary structures to eliminate ambiguity and conflict in international legal rules.
Thus, the problem of uncertainty in legal rules, which pervades international law generally, is also found—more prominently and extensively—in customary international law. This uncertainty is not confined to a specific element of customary rules, but rather extends to their origin, formation, structure, evidence, scope, content, and legal nature.
Accordingly, it can be stated that uncertainty, as a structural issue in international law, manifests in a complex manner within this domain. It is not limited to the identification of the criteria for the existence of legal rules, which represents the initial threshold of the problem common to both domestic and international legal systems. Rather, it extends to determining the methods and standards by which legal rules are established and the mechanisms by which they are modified. However, such complexities do not appear with the same degree in domestic legal systems.
International legal scholarship has recognized this multifaceted problem and has sought to find appropriate solutions. Nevertheless, the divergence of research methodologies adopted in addressing the issue has led to conflicting and inconsistent theoretical approaches, which have failed to achieve the intended goal of establishing a sound intellectual and philosophical foundation for resolving the problem within customary international law. It is certain that the multiplicity of theoretical approaches leads to multiple possible interpretations, and consequently, to uncertainty regarding the existence of customary legal rules, which are supposed to be definitive in their existence and content so as to serve as a basis for determining and complying with international obligations.
Despite these practical and theoretical difficulties that hinder legal certainty in customary international rules, there remains a compelling need for continued scholarly inquiry and for deepening the examination of this complex issue. Such inquiry clarifies jurisprudence theories and facilitates comparison and rapprochement among them, thereby rendering them more accessible and comprehensible this being the aim of the present study.

In Iraq’s housing investment sector, where the government grants land to investors free of charge under Investment Law No. (13) of 2006 with the aim of reducing housing unit prices, yet prices continue to rise to levels far beyond citizens’ purchasing power. Although land historically represents about 25–40% of total project cost, exempting it has had only a very limited effect on final prices, with its actual impact not exceeding 12.7%. The data further show that investors have increased their profit margins to more than 25%, instead of the fair margin of 10–15%, resulting in the complete absorption of government support.
The study also highlights several economic and legal factors contributing to the problem, including rising construction material costs, weak price-regulation mechanisms, the absence of legal provisions that impose profit caps or require the allocation of subsidized housing, and financing obstacles that increase the financial burden on citizens. These issues have exacerbated the housing crisis, reduced the proportion of units affordable to low-income groups, and increased the spread of informal settlements.
The study proposes a set of reforms, most notably limiting profit margins to a maximum of 18%, allocating 30% of units at subsidized prices, providing government-backed loans with interest rates not exceeding 3%, and establishing a national authority for pricing housing units. Analytical results indicate that implementing these measures could reduce housing unit prices by up to 18%, restoring the law’s social role in achieving housing justice.

Oil is considered one of the fundamental resources upon which the inhabitants of the Earth rely for the continuation of human life and the maintenance of their standard of living. Through it, most of the essential needs and basic requirements necessary for living are provided, thereby ensuring a decent life for individuals. Oil also contributes to poverty reduction and assists the state in promoting the economic growth of society. However, the ownership of oil varies from one legal system to another. Some states adopt a system of private ownership, while others adopt a system in which the state retains ownership of oil resources.
Given that oil constitutes the primary source of energy and one of the most significant discoveries achieved by humankind in the modern era, the legislature has required the administrative authorities to follow specific procedures established in energy legislation when concluding oil contracts. These procedures aim to ensure the proper formation of the contract, the production of its legal effects, and the realization of the best possible returns for the state. Accordingly, the legislature imposes a set of restrictions and procedural requirements that the administration must observe in order to safeguard the public interest and protect public funds.