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FOREWORD: ANTICOMPETITIVE PRACTICES - COMPLIANCE - COMMITMENT

Transparency, “compliance”, and “trouble makers

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.

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Are transparency and compliance really competitive virtues? It seems "a priori" futile to contest it. Current law everywhere engages in a formalism justified by words that immediately evoke sympathy. Loyalty is called for in case of need. The freedom of commercial evidence, as well as the speed and flexibility of transactions (Winged-footed Mercury), are now a distant memory. The caricatural example is the famous Title IV of the Commercial Code Book, where everything is formalised. It is then that the question is born. This formalisation is of little interest to the market, which it does not modify. Its purpose is control and sanction by the

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  • University of Paris I Panthéon-Sorbonne (Paris)

Quotation

Gilbert Parleani, Transparency, “compliance”, and “trouble makers, February 2016, Concurrences N° 1-2016, Art. N° 77337, pp. 1-3

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