The regulation of competition: A prospective point of view (I)

Competition law aims at intervening on markets, not in order to limit their operation, but in order to make them work better. Competition law has thus developped on a somehow paradoxial basis: true trust in market economy leads to administrative intervention. This article aims at resolving this apparent paradox thanks to the notion of "competitive regulation". The author makes a distinction between market self-regulation, spontaneously leading to efficient prices, and antitrust regulation which aims at maintaining such self-regulation, always under the threat of undertakings’ behaviour. This article is Part I. Part II to be published in Concurrences N° 4-2009. Tables of this article are reproduced in the pdf. Part II has been published in Concurrences N° 4-2009

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. I. Did you say regulator? 1. The transformation of the Competition Council into a Competition Authority has been accompanied by two somewhat contradictory developments. A strengthening of the autonomy of the investigation, which seems to support a trend towards jurisdiction, and a reverse trend towards the affirmation of the status of administrative authority with the attribution of jurisdiction in merger cases and the possibility of referral for an opinion ex officio. This contradiction is not new, since the NRE Act of May 2001 had already made it possible to codify the case law resulting from the application of Article 6 of the ECHR, which corresponded

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  • French Ministry of Agriculture (Paris)


Thierry Dahan, The regulation of competition: A prospective point of view (I), September 2009, Concurrences N° 3-2009, Art. N° 26548,

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