*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Challenging distribution networks on the basis of competition law in case law Joseph Vogel Lawyer, Vogel & Vogel 1. Challenges to distribution networks by the competition authorities or before the courts are now relatively rarer than in the past. The phenomenon may seem paradoxical, but is easily explained. 2. Paradoxical, given the importance of competition law. Competition law is a matter of public policy: the rules governing its implementation are designed to allow for the broadest possible application. Competences are shared: between competition authorities, national or Community, and between competition authorities and the judiciary. In terms of
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LAW AND ECONOMY : COMPETITION LAW - DISTRIBUTION - WEAPON OF DEFENCE - WEAPON OF CHALLENGE - SELECTION CRITERIA
Distribution networks and competition law
Paradoxically, competition law today is frequently used more as a weapon of defence than to challenge networks, and notably against certain rules of national law. When relied on as a means of challenging networks, competition law is mainly used either to circumvent the networks, or to gain entry to them. Most litigation concerns the challenging of the selection criteria, particularly quantitative. In this context, the courts must take care that competition law does not become a tool to protect competitors.
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