LGDJ, coll. Droit et économie, Paris, 883 p.

Le juge et le raisonnement économique en droit de la concurrence

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Competition law is strongly influenced by economic thinking. However, no systematic study had yet been carried out on the way in which the judges responsible for applying this law integrate the contributions of economic science into their reasoning. Anne-Lise Sibony’s book fills this gap. The author reviews the real or supposed obstacles encountered by judges confronted with the economic reasoning debated before them. She shows that they are not absolute and that judges really draw inspiration from economic theory, even if some borrowings appear awkward. Above all, and this is an essential contribution of the book, Anne-Lise Sibony clearly shows the different roles of economic theory in the elaboration of a judgment. By revisiting a very classical theory of judgment, that of Motulsky, the author reverses the perspective. From a source of difficulty for the judge, economic reasoning becomes a tool that the judge can put at the service of his office: to say the law to decide disputes.

This book will be of interest to all those who study, teach or practice competition law (judges, competition authorities, lawyers or economists). It is also of interest to those who are interested in the relationship between law and economics and, more generally, to those who are interested in how law integrates other knowledge.

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Author

  • University of Paris I Panthéon-Sorbonne (Paris)

Quotation

Laetitia Driguez, Le juge et le raisonnement économique en droit de la concurrence, May 2008, Concurrences N° 2-2008, Art. N° 16971, p. 203

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