ARTICLE : COMPETITION COUNCIL’S JURISDICTION - SECTORAL AGENCIES - JURISDICTIONS - LEGAL FRAMEWORK - IMPERFECT COOPERATION - COMPETITION

Cooperation or competition ? Relationships between the NCA and the sectoral agencies

The scope of the Competition council’s jurisdiction, as opposed to the scope of the sectoral agencies’ jurisdiction, is commonly defined through an ex post/ex ante distinction. This distinction, however, lacks accuracy due to, among other things, the jurisdiction of sectoral agencies to settle disputes arising among companies. Thus, although the Competition council and the sectoral agencies have clearly distinct jurisdictions, the relevant provisions establish the legal framework for a deep - though imperfect - cooperation between agencies. To have an imperfect cooperation between agencies could, however, lead to a competition among them.

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. 1. At a time when the Government is preparing to modernise "competition regulation" by means of an ordinance transforming the Competition Council into a Competition Authority and establishing a better link between the powers of this authority and those of the Minister for the Economy, it must be noted that the relations between this new authority and the sectoral regulators do not seem to be arousing interest. Indeed, these relations are not addressed either by the draft law on the modernisation of the economy or by the draft ordinance establishing the Competition Authority. 2. However, the Competition Council, or the future Competition Authority, has

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Authors

  • Darrois Villey Maillot Brochier (Paris)
  • Simpson Thacher & Bartlett (London)

Quotation

Didier Theophile, Étienne Renaudeau, Cooperation or competition ? Relationships between the NCA and the sectoral agencies, September 2008, Concurrences N° 3-2008, Art. N° 20368, pp. 67-75

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