LEGAL PRACTICE : FRENCH LEGISLATOR - JUDICIAL SPECIALIZATION - ANTITRUST - RESTRICTIVE PRACTICES - LEGAL REASONS

The French judicial specialization in competition law

The French legislator has specialized in 2005 and in 2009 the judicial disputes in antitrust and restrictive pratices cases. This article goes back to the legal reasons behind the current failure of the planned system.

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. 1. Do we really want, today in France, this judicial specialisation in competition matters that the legislator has introduced in successive waves into the Commercial Code? The obstacles that its implementation encounters in practice could raise doubts about it. However, this measure could, at first sight, be justified for excellent reasons. Since the modernisation of European procedural rules initiated by Regulation 1/2003, the judicial judge must be an essential relay in the application of European antitrust law. Secondly, litigation here is very specific, complex and economic, and therefore calls for a very special skill. It is better to train a few

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Author

  • University of Aix-Marseille

Quotation

David Bosco, The French judicial specialization in competition law, February 2011, Concurrences N° 1-2011, Art. N° 33865, pp. 236-240

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