L’apport du Tribunal de première instance des Communautés européennes au droit communautaire de la concurrence

Valérie Fauré

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"No specialist in Community law can ignore the importance of the Court of First Instance’s contributions to Community competition law. Nor should this importance escape the notice of other lawyers, whatever their specialities. The interest of the thesis is far from being purely academic. The work carried out will undoubtedly also be of great use to legal practitioners. This last remark can be verified by the interest aroused by the thesis at the Court of Justice and the Court of First Instance of the European Communities. The area of competition law in which the facts occupy an important place originally occupied a dominant position in the case-law of the Court of First Instance, of which it remains an essential part. The Court of First Instance has been able to develop considerably the judicial review of the Commission’s antitrust and merger control decisions designed to ensure compliance with the Community rules on free competition applicable to undertakings, which is a counterpart to the separate aspect of the review of State aid decisions designed to ensure compliance by the Member States with the rules on free competition. Mademoiselle Fauré perfectly meets the expectations of readers wishing to go beyond the stage of very scattered and necessarily rapid analyses because they are closely linked to current case law. The research undertaken is exemplary and provides an overall view of the work carried out for more than twenty years by a court which has been able to respond to the need for a balance between the various imperatives involved in finding compromises between the public interest and the needs of economic operators".

Joël Rideau