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1 Sep 2020 R
Roads not taken: The Federal Trade Commission and Google
William E. Kovacic • N° 3-2020

In recent years, a significant and growing body of observers has hammered the US antitrust agencies for weak enforcement. In particular, an avalanche of articles, blog posts, books, speeches, and tweets has buried the Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”) for (...)
1 Sep 2020 R
Competition news from the French Supreme Administrative Court
Bruno Lasserre • N° 3-2020 • pp. 2-5

Through its three missions – advising, judging, proposing – the Conseil d’État is in direct contact with competition and economic regulation. It recently took up subjects as varied as the French public authorities’ investigatory powers, the transposition of the ECN+ directive or the judicial review (...)
1 Sep 2020 R
Competition in troubled times
Jonathan Faull • N° 3-2020

Competition policy is in flux. Not for the first time, but what is different now? What is likely to happen? It has become a commonplace and an understatement that competition policy today faces new challenges, opportunities and dangers. I will focus in what follows on competition policy in the (...)
1 May 2020 R
Consumer welfare, sustainability and competition law goals
Simon Holmes • N° 2-2020

There is no reference anywhere in the EU treaties to ’Consumer Welfare’. This forward argues that the correct starting point for analysing any question under European competition law is not consumer welfare but the constitutional provisions of the Eu treaties. These not only allow, but require, (...)
1 May 2020 R
Against the vertical discrimination presumption
Geoffrey Manne • N° 2-2020

The notion that self-preferencing by platforms is harmful to innovation is entirely speculative. Moreover, it is flatly contrary to a range of studies showing that the opposite is likely true. In reality, platform competition is more complicated than simple theories of vertical discrimination (...)
1 May 2020 R
Competition policy and the Covid-19 opportunity
Jorge Padilla, Nicolas Petit • N° 2-2020 • pp. 2-6

This short paper argues that the Covid-19 crisis provides an opportunity for improvements in long term growth in the EU by allowing the exit of zombie firms that trap industries into low productivity cycles, limited technology diffusion, and weak economic dynamism. To seize this opportunity, (...)
1 Feb 2020 R
Antitrust, anti-competition: Lessons from economics
Darren Brady Nelson • N° 1-2020

Textbook economics provides the foundation for the legislative creation of, judicial interpretation about, and public support for, antitrust. The inbuilt bias against markets is already apparent by the wording that suggests markets have “forces” and “power”; monopolies are “natural”; and that (...)
1 Feb 2020 R
Should digital antitrust be ordo-liberal?
Alexandre de Streel • N° 1-2020 • pp. 2-4

This foreword analyses how the main characteristics of the digital economy should shape the objectives, the theories of harm, the process and the remedies of contemporary competition policy. It suggests that the ordo-liberalism offers a normative framework adapted to those characteristics of (...)
1 Feb 2020 R
In Memoriam : Didier Ferrier (1945-2020)
Nicolas Éréséo, Anne-Cécile Martin • N° 1-2020 • p. 12

This In Memoriam pays tribute to Professor Didier Ferrier. On January 5, 2020, Professor Didier Ferrier passed away. He was one of the fathers of distribution law. He was also its watchdog. His exceptional career bears witness to this. It’s not just the university professorship he held for (...)
1 Nov 2019 R
A return to 1912: The antitrust center will not hold
Matt Stoller • N° 4-2019

Matt Stoller discusses the current ideological shift in antitrust law, relating it to lax enforcement of antitrust and the resulting radical concentration of corporate power over the last forty years. Such power now manifests itself as overt authoritarianism and right-wing nationalism (...)
1 Nov 2019 R
Politics, digital innovation, intellectual property and the future of competition law
Josef Drexl • N° 4-2019 • pp. 2-5

Today, economic law has to face the two major challenges of economic nationalism and digital transformation. To respond to both of them, this foreword recommends to competition policy to maintain its focus on safeguarding the social benefits that typically accrue from competition, including (...)
1 Sep 2019 R
Possible reform of competition law: Food for thought to improve the interplay between merger control and other EU policies
Pascal Belmin • N° 3-2019

The EU political landscape has evolved significantly over the last months, notably based on a renewed perception of external challenges facing the Union. This has triggered an intensified and refocused policy and legislative production, in particular on strategic topics and industrial policy. (...)
1 Sep 2019 R
Competition policy and strategic interests of the European Union
Anne Perrot, Victor Blonde • N° 3-2019 • pp. 2-4

At the request of the Minister for Economic Affairs and Finance, the Inspectorate-General for Finances and the General Council of Economics issued a report on reforms that could make competition policy more effective, in view of outlining the future European Commission’s agenda. These (...)
1 May 2019 R
‘An old chestnut’: Appeals in competition infringement cases
Peter Freeman • N° 2-2019

This article (based on a conference speech given at King’s College London on March 1st, 2019, for Concurrences) reviews the question of what is the appropriate appeal system for competition infringement cases, which has somewhat unexpectedly crept into the discussion of competition in the (...)
1 May 2019 R
Towards a ’ministerial’ authorisation in the European merger control procedure? A German point of view
Florian Bien • N° 2-2019 • pp. 2-7

The European Commission, and in particular the Commissioners responsible for competition law, have so far been very successful in countering political influence on their merger control decisions. The prohibition of the Siemens-Alstom merger is the latest proof of this. On the economic front, (...)
1 Feb 2019 R
For competition through innovation in energy markets
Jean-François Carenco • N° 1-2019

Innovation is the key to the liberalization of the energy market. It enables the development of renewable energy production and the diversification of supply offers based on innovative services. CRE supports actors in this approach, whilst ensuring the effective functioning of the market. (...)
1 Feb 2019 R
Should we save consumer welfare?
Charles Bertin, Erwan Le Noan • N° 1-2019 • pp. 2-5

In the Economic Literature, consumer welfare and surplus are different concepts whose sometimes confusing interpretation in the competition law debate may lead to inappropriate demands. Once the ambiguity is removed, the surplus test, although it can be improved and fed by additional analyses, (...)
1 Nov 2018 R
Competition Law and Compliance Law
Marie-Anne Frison-Roche • N° 4-2018 • pp. 1-4

Compliance Law is a new branch of Law, still under construction. One can have a ’narrow definition’ of seeing it as the obligation of businesses to show that they are constantly and actively complying with the law. One can have a richer definition, of a substantive nature, defining it as the (...)
1 Nov 2018 R
Recent trends at the Court of Justice of the European Union
Nils Wahl • N° 4-2018

This editorial is the written version of a speech given at the ’Concurrences’ Annual Dinner at New York on 6 September 2018. It identifies and discusses three recent trends of antitrust litigation at the European Court of Justice. These three trends are, respectively, of a structural, substantive (...)
1 Sep 2018 R
The Paris Court of Appeal, at the heart of competition law
Chantal Arens • N° 3-2018 • pp. 1-4

Four years after being appointed as Chief Justice of the Paris Court of Appeal, Mrs. Chantal Arens presents the major changes in the organisation of the commercial and economic division of the court, which tend to give this jurisdiction the means to be fully involved in a healthy, dynamic and (...)
1 Sep 2018 R
Populism and competition
Frédéric Jenny, Jérôme Philippe • N° 3-2018

At times where competition authorities face criticisms from various populisms, it should be noted that they themselves took a populist approach when they shifted from their original legitimate test of maximizing Welfare in favour of the sole maximization of the consumer surplus. Returning to (...)
1 May 2018 R
Innovation competition and merger policy: New? Not sure. Robust? Not quite!
Nicolas Petit • N° 2-2018 • pp. 1-4

In this short piece, I critically discuss the development of harm to innovation as a theory of anticompetitive harm in EU merger policy, following the conditional approval of the Dow/Dupont in 2017. In the last few years, the European Commission’s (the “Commission”) assessment of horizontal (...)
1 May 2018 R
The era of weak competition
Robin Rivaton • N° 2-2018

Despite the fact that investments backed by venture capital funds have reached $ 164 billion globally, this figure hides a grimmer reality: Competition is weakening everywhere. Innovation thus does not result in as much business success as it did in the past and, conversely, the lack of (...)
1 Feb 2018 R
Collateral damages or the unexpected effects of the new French settlement procedure
Emmanuelle Claudel • N° 1-2018 • pp. 1-3

The settlement procedure that has recently been introduced in France is highly successful. However, it is not without producing effects, some unexpected, that might be considered damaging. The procedure’s application leads to exclude the application of the communiqué on the calculation of (...)
1 Feb 2018 R
Competition policy in the digital era
David Bailey • N° 1-2018

The purpose of this article is to examine briefly a few implications of digital data and ’cyber competition’ for competition policy. It does so by discussing two cases that were concerned with alleged extensions of a dominant position in the digital world into a neighbouring market. In (...)
1 Feb 2018 R
Corporate funding for antitrust academics can be a problem
Cyril Ritter • N° 1-2018

Corporate funding for academic articles raises the possibility of academic bias in favour of corporate views. This seems to be happening in many areas of law, science and policy, including competition law. While (almost) every idea deserves to be discussed, regardless of its origin or funding, (...)
1 Nov 2017 R
For effective and fair precautionary measures
Jacques Steenbergen • N° 4-2017 • pp. 1-3

Efficient and equitable interim relief procedures are in the interest of the authorities as well as of their stakeholders. Their efficiency depends in the first place on the balancing of the prima facie test in order to protect both the victims of infringements in case an infringement is (...)
1 Nov 2017 R
Should antitrust policy protect new entrants?
Liza Lovdahl Gormsen • N° 4-2017

The question if antitrust policy should protect new entrants is related to the schism between “protection of competition” and “protection of competitors” in Article 102 TFEU. As it was not always clear that the aim of Article 102 TFEU was consumer welfare, the US claimed that the EU was not (...)
1 Sep 2017 R
Stop the creeping re-nationalisation of the anti-competitive practices!
Laurence Idot • N° 3-2017 • pp.1-3

By importing all the defects of Title IV on the law of restrictive practices into the Title II of Book IV of the French Commercial Code, the legislator infringes the coherence of the law of anticompetitive practices. Although it is necessary to oversee certain sectors, it is not in Title II of (...)
1 Sep 2017 R
Are we where we thought we were? Convergence in uncertainty
David Gerber • N° 3-2017

Global convergence has been a central theme in competition law for more than two decades. It has provided a way of understanding where competition law is and where it is going. Until very recently, most observers have assumed it would continue to play that role. Brexit, Trump and other (...)
1 May 2017 R
Exploitative abuse: When does enforcement make sense?
Kai-Uwe Kühn • N° 2-2017

Enforcement against the exploitative abuse of a dominant position is not as prominent as other antitrust fields. Although a renaissance of these cases can be experienced in recent years, the evolution is very limited. This editorial discusses the role of enforcement for these practices and aims (...)
1 May 2017 R
Competition law and corporate social responsability
Sylvaine Poillot-Peruzzetto • N° 2-2017 • pp.1-3

The evolution of corporate social responsability (Responsabilité Sociétale des entreprises - RSE) raises the essential question of its relation to competition law. In any case, the coexistence of these new transerval legal frameworks illustrates an important convergence. However if RSE law could (...)
1 Feb 2017 R
What role for competition in the hospital sector ?
Philippe Choné • N° 1-2017

In most European countries hospital care is funded through prospective payment systems with regulated prices. Hospitals compete in quality to attract patients. The welfare effects of competition are widely discussed in the economic literature. In France the payment rule has been criticized for (...)
1 Feb 2017 R
Restoring the primacy of consumer in the competitive analysis
David Martimort, David Sraer, David Thesmar, Erwan Le Noan, Henri Isaac, Jerome Pouyet, Mathieu Laine • N° 1-2017 • pp. 1-4

In today’s digital world, the tools available to practitioners and regulators allow to better stand the consumer at the heart of competitive analysis. This beneficial development can’t occur without giving a core spot to academic research. In November 2016, Google’s Chief Legal Officer did not (...)
1 Nov 2016 R
State aids, banking resolution and quantitative easing
Elie Cohen • Nº 4-2016 • pp. 1-3

The Italian Banking collapse in 2016 summer illustrated by the oldest European bank’s risk of bankruptcy (Monte Paschi di Siena MPS) encompassed competition policy tools (State aids), bank regulation tools (resolution) and monetary policy tools (quantitative easing). It shows difficulties of (...)
1 Nov 2016 R
In Memoriam: Robert Kovar (1936-2016)
Ioannis Lianos • Nº 4-2016 • p. 9-10

This foreword is an In Memoriam of Mr. Robert Kovar. Robert Kovar (1936-2016), an innovative and rigorous academic, one of the great Maestros of Community and human law of exceptional quality, was one of the giants of the French school of Community law, the first agrégé in France in this "new" (...)
1 Nov 2016 R
The market of ideas
Gaspard Koenig • Nº 4-2016

The US Supreme Court famously coined the expression of a « market of ideas ». But this goes beyond a mere metaphor. It refers to a fundamental human reality which is reflected both in the economic field and in the philosophical thought. In this perspective, it would be worthwhile to use the (...)
1 Sep 2016 R
Is respect of free and fair competition a finality or a tool?
Olivier Fréget • Nº 3-2016

With the rise of the common market and the search for a competition law based on “sound economic principles” during the end of the twentieth century, we buried the now aged German ordo-liberal philosophy. This finality had as a purpose to maintain certain types of markets as a finality in itself. (...)
1 Sep 2016 R
The economic dependence is back : Is there an abuse ?
Muriel Chagny • Nº 3-2016 • pp. 5-7

A proposed parliamentary bill suggests a reworded version of the abuse of economic dependence in order to increase the effectiveness of this rule. The suggested changes, however, do not really convince. Beyond that, he question arises as to whether the time may not have come to reform French (...)
1 May 2016 R
State support for innovation: Time for questions
Jean Pisani Ferry • N° 2-2016 • pp. 5-7

France supports innovation with about 10 billion euro a year, or 0.5% of its GDP. It has done so consistently over the past few decades to bolster the competitiveness of the French economy. Nevertheless, it is still worth questioning the relevance of the 62 existing measures that support (...)
1 May 2016 R
Regulated legal professions: Towards an economic regulation of their tariffs
Francesco Martucci • N° 2-2016

Decree and decisions concerning tariffs of regulated legal professions were published. They reflect the will of the Macron law to introduce more competition in the regulated professions. The regulatory framework on tariffs for regulated legal professions was published in the Official Journal (...)
1 May 2016 R
In Memoriam: Justice Scalia’s Antitrust Legacy (1936-2016)
Douglas H. Ginsburg • N° 2-2016 • p. 8

This foreword is an In Memoriam of Justice Scalia. In his 30 years on the Supreme Court, Justice Scalia wrote only three opinions for the Court based directly upon the Sherman Act. In other cases involving antitrust claims, he wrote opinions for the Court resolving the claims based not upon (...)
1 Feb 2016 R
Transparency, “compliance”, and “trouble makers”
Gilbert Parleani • N° 1-2016 • pp. 1-3

Codes of conduct and compliance are in vogue. That seems to respond to obvious concerns regarding ethics and legal certainty, and also seems favorable to competition culture. But this pleasant movement apparently can have pervert effects. Are transparency and compliance really competitive (...)
1 Feb 2016 R
Unfair competition and parasitism: Indifference of the intentional nature of the breach
Yves Picod • N° 1-2016

Whereas the proof of fault must be admitted to ensure the success of an action in unfair competition, the nature of the misconduct is indifferent: it doesn’t matter if the fault has been committed intentionally or not. Nevertheless, this traditional solution seems to be called into question as (...)
1 Dec 2015 R
Asian Transparency
Robert Ian McEwin • N° 4-2015

While transparency is valued in the West, in East-Asian countries secrecy is more valued – transparency is seen as weakness in dealings with both business and government. Simply preaching transparency is unlikely to have much effect unless we understand why secrecy is so important. Economists (...)
1 Dec 2015 R
Is there a gap in the transposition of the EU Directive 2014/104?
Elisabeth Baraduc • N° 4-2015 • pp. 1-3

The Directive 2014/104/UE on actions for damages under national law for infringements of the competition law provisions raised numerous comments of French lawyers. The heart of the debate is on the jurisdictional authority in charge of the compensation. The administrative judge is obviously (...)
1 Sep 2015 R
Leniency policies in anti-cartel enforcement: Critical review is well overdue
Caron Beaton-Wells • N° 3-2015

Leniency policies are seen as having revolutionised anti-cartel law enforcement around the world. However, the approach taken to these policies has the hallmarks of religion as much as revolution. A growing body of research and practical experience suggests that caution is warranted in (...)
1 Sep 2015 R
Business-to-business litigation : When is it better to be safe than sorry?
Bruno Deffains • N° 3-2015 • pp. 5-8

French economy is characterized with a high degree of business-to-business litigation. The problem can be explained by the difficulty to organize efficiently the process of conflict resolution inherent to contract incompletness. Effeiciency requires more frequent cooperative solutions. Taking (...)
1 May 2015 R
Article 3 (2) in fine: Time for review
Doris Hildebrand • N° 2-2015

The exception to the convergence rule as defined in Article 3 (2) of Regulation 1/2003 addresses undertakings that do not have a dominant position within the meaning of Article 102 TFEU. Some new Member States like the Czech Republic use this exception in a bizarre way thereby re-establishing (...)
1 May 2015 R
Competition(s): A singular plural...
Didier Ferrier • N° 2-2015 • pp. 5-7

Most of the competition rules aim the protection of the competition but many of these rules aim also the direction of the economic policy it is important therefore to distinguish between these two main types of rules in relation to their effect on the business freedom Concurrences" " or (...)

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