Contentieux du droit de la concurrence de l’Union européenne. Questions d’actualité et perspectives

Valérie Giacobbo-Peyronnel, Christophe Verdure, Laurence Idot

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Bruylant’s Europe(s) collection has been enriched by a new opus devoted to European Union competition law, but approached from a particular perspective: that of litigation. However, as Professor Idot points out in her preface to the book, this is not a treaty on litigation but "a collective reflection which enriches the debate on the latest developments in the case law of the Court of Justice and the Court of First Instance of the European Union in the field of competition"; a collective reflection indeed, which has mobilised twenty-six contributors, both academics, practitioners and referendaries or former referendaries of the EU courts.

The book begins with a contextualization that allows us to take stock of the place of economic analysis (F. Marty) and Commission/RNA relations (M. Melloni and C. Marchand) in competition litigation, as well as to shed light on the articulations/interactions, not always easy to understand, between competition rules and other branches of EU law, such as external trade relations (M. Hahn and A. Rharrouchi on TTIP) and anti-dumping (A. Thillier).

The second part is devoted to litigation on anti-competitive practices and mergers. It provides a perspective on issues that are now well established but still topical, such as the leniency to "rescue" the competition authorities in proving cartels (J. Malet-Vigneaux) or the liability of parent companies for their subsidiaries, which was the subject of several judgments in 2016 (B. Cheynel), but also more topical issues such as the application of Article 102 TFEU to digital platforms (C. Verdure and A. von Moltke) and the potential synergies between private and public enforcement under the new Directive 2014/104/EU (S. Pietrini). But it is also an opportunity to consider the prospects for the development of two other branches of competition law applicable to companies: the merger regime, where litigation is said to be in decline (G. Vallindas, who wonders whether the shell has not become empty) and that of remedies and sanctions, where litigation seems to be more dynamic in the light of the latest trends in judicial control (J.-P. Christienne).

It is then quite logical that State aid litigation is addressed in the third part of the book. The latest developments in case law are thus highlighted around five themes: the principle of the effectiveness of State aid rules which, under certain conditions, may take precedence over the principle of res judicata (J. Derenne); the recovery of illegal State aid (N. Coutrelis); the proven consequences of the economic crisis on the implementation of the market economy operator test (M. Karpenschif); the aid scheme for undertakings in difficulty (T. Fouquet) and the post-Altmark case-law on the financing of public service missions (M. Dony).

The fourth and last part of the book deals with some cross-cutting procedural issues which highlight not only the difficulties of judicial review, particularly when it has to link competition law to the right of access to documents (O. Davidson and M. Van Huffel) and the right to have one’s case decided within a reasonable time (D. P. Domenicucci and G. Muguet-Poullennec), but also some of its limits, such as the "relative usefulness" of the full jurisdiction conferred on the Court of the Union (H. Expert and C. Pouillet) and the hybrid nature of the control (legality/full litigation) exercised over settlement proceedings (M. Mezaguer).

For its diversity of approaches and for the relevance of the analyses and cross-perspectives, the book edited by Ms Giaccobo-Peyronnel and Mr Verdure can only be recommended to those familiar with competition law as well as to those who wish to understand its topicality and richness.

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Author

  • University of Paris I Panthéon-Sorbonne

Quotation

Stéphane Rodrigues, Contentieux du droit de la concurrence de l’Union européenne. Questions d’actualité et perspectives, May 2017, Concurrences N° 2-2017, Art. N° 84133, pp.242

Publisher Bruylant

Date 7 March 2017

Number of pages 200

Visites 512

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