DIAWARA Karounga, Éditions Yvon Blais, Québec, 2011, 512 p.

Le contrôle de la puissance de marché - Contribution à une approche juridique du marché

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The main purpose of competition law, in its antitrust dimension, is to regulate the market power of companies. But this regulation is made particularly complex by the interweaving of legal and economic matters, the alchemy of which poses a problem of method. This major difficulty would be at the origin of an essentially casuistic and factualist approach, a source of conceptualization deficit and legal insecurity. This book addresses this central problem and makes a fundamental contribution to the understanding of antitrust law by studying the control of market power through the norms that prohibit anti-competitive agreements, abuse of dominant position and restrictive merger. This in-depth reflection is approached from several angles:

  • A legal approach to the market which reconciles the normative dimension of competition law and the economic substance of its objects in order to provide a thorough understanding of the legal criteria organizing the control of market power.
  • A comparative perspective of Canadian and European law, which offers a hitherto unpublished picture illuminating Canadian law by exposing European law.
  • A sustained conceptual sequencing that punctuates all phases of the ongoing process of controlling market power: from the role and place of the definition of the relevant market (linking principle and concretization principle,) to the normative meaning of a criterion based on consumer interest, through the principle of the gradation of market power.