BOOKS: BLAISE Jean-Bernard and CHONÉ-GRIMALDI Anne-Sophie, PUF, collection Thémis droit, 2017, 550 p.

Droit des affaires de l’Union européenne, Jean-Bernard BLAISE and Anne-Sophie CHONÉ-GRIMALDI

This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of Concurrences. Publishers, authors and editors are welcome to send books to stephane.rodrigues-domingues@univ-paris1.fr for review in this section.

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Professors Blaise and Choné-Grimaldi have just published a remarkable book on European Union Business Law at the Presses universitaires de France. This work succeeds that of Jean Schapira and Georges Le Tallec, published in 1990 under the title Droit européen des affaires. These authors were joined, in later editions of the book, by Jean-Bernard Blaise and then Laurence Idot. The last edition of this essential work was published in 1999. Clearly, things have changed a great deal in eighteen years. Community law has given way to European Union law; business law has been profoundly transformed, "modernised", and has become more complex. It seemed a challenge to bring together all the material in one book. However, Jean-Bernard Blaise set about this immense task, joined by Anne-Sophie Choné-Grimaldi for this undertaking of in-depth renovation and even reconstruction.

The book, envisaged as a tool, proves to be quite practical to use, even if it is voluminous - more than 550 pages. The index is rich and the construction clear. In accordance with the usual method of this publisher’s books, the various subjects are first dealt with on the basis of elementary developments. Then, a "State of the issues" section allows one to go further in the reflection, with bibliographical references and a deepening of the reflection on specific subjects that are considered to be fundamental. Finally, the reader will appreciate having, in a single volume, a complete overview of all EU business law. Certain policies or sectors have not been covered, such as consumer law, banking and financial law or agricultural law. But we cannot blame the authors, the subject matter covered is already considerable!

Envisaged as a work, so to speak, the Business Law of the European Union by J.-B. Blaise and A.-S. Choné-Grimaldi will certainly become indispensable on its subject, as much for its relation to positive law as for the doctrinal contributions which are scattered throughout. In the first place, the exposition of positive law is very clear, even if the construction of the works of Thémis presupposes a back and forth between the elementary part and the somewhat restrictive "State of the issues" section. The work is divided into three parts. The first, entitled "The internal market, legal framework for trade" is the most important part (it contains half of the whole). It sets out in a didactic manner the main rules dealing with the major freedoms (freedom of movement - Title 1 - then freedom of competition - Title 2). Title 3 deals specifically with intellectual property. The second part deals with "Operations in the internal market", with a first valuable title on "Economic activities covered by Union law" (distribution, electronic commerce) and a second, oriented towards private international law, on "Economic activities in the European judicial area" (civil and commercial matters, insolvency proceedings). Finally, a third part refers to "the development of enterprises in the internal market". It deals with "European company law", in a well-conducted Title 1, and "European control of undertakings" (merger control and state aid control), in a fairly brief Title 2, especially as regards state aid.

Secondly, beyond this presentation of business law as it stands, the book contains some very stimulating critical doctrinal reflections. The reader will read with interest, in particular, the developments devoted to the right of establishment, abuse of a dominant position, the implementation of competition law, or distribution operations (whether "physical" or online).

In short, any good business law library will have to be enriched by this new book. There are few books on this topic with such an ambition; and this one is probably the clearest.

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  • University of Aix-Marseille

Quotation

David Bosco, Droit des affaires de l’Union européenne, Jean-Bernard BLAISE and Anne-Sophie CHONÉ-GRIMALDI, February 2018, Concurrences N° 1-2018, Art. N° 86303, p. 244

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