INTERVIEW - ECONOMIC ANALYSIS - LAW AND ECONOMICS - JUDICIARY SUPREME COURT - FREDERIC JENNY

Frédéric Jenny (French Civil Supreme Court): An economist on the bench

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You were appointed on September 1, 2004 as an advisor to the Supreme Court of Appeal in extraordinary service. Can you tell us the nature of the duties entrusted to you in this high court?

Why was the Court of Cassation interested in your profile and why did you, yourself, want to join the Court of Cassation?

Prior to your appointment to the Court of Cassation, you held multiple responsibilities for a fairly long period of time at the Competition Council. Can you tell us what you think of this experience?

You have been a professor at ESSEC since 1966. Do you continue to exercise your academic responsibilities? What are the main areas of your current teaching, research and thinking?

What are the prospects for the adoption of competition rules at the international level? At the end of your international activity, how do you see the future of international cooperation?

There is a lot of talk about the European Competition Network (ECN/ECN). Will Regulation 1/2003 change things in the relationship between the European Commission and national courts? Are they likely to lose their independence of assessment and judgment? How do you perceive the role of the national judge in the new framework of modernised European competition law?

How do you feel about the usefulness of a strengthened system of civil liability for victims of anti-competitive practices? Do you think that the implementation of such a system, creating for example a system of triple damages on the North American model, is likely in France?

Interview conducted by Nicolas Charbit, Editor in chief, Concurrences, Paris, New York.

You were appointed on September 1, 2004 as an advisor to the Supreme Court of Appeal in extraordinary service. Can you tell us the nature of the duties entrusted to you in this high court? Following this appointment to the Court of Cassation as Extraordinary Duty Adviser, I was assigned to the Commercial, Economic and Financial Chamber. The section of the Chamber to which I belong is also competent in banking law, tax law and, more generally, with regard to proceedings brought on the basis of the various laws concerning the regulated sectors whose litigation is brought before the Courts of Appeal. This is the first time, since the creation of the Court of Cassation more than two hundred years ago, that a professor of economics has been appointed to this High Court. It is therefore a

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Frédéric Jenny, Nicolas Charbit, Frédéric Jenny (French Civil Supreme Court): An economist on the bench, February 2005, Concurrences N° 1-2005, Art. N° 12078, pp. 5-8

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