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FOREWORD: ABSENCE OF COMPETITION - LAW & ECONOMICS - STANDART OF PROOF - LEGAL CERTAINTY

Absence of competition is not punishable !

In this Foreword, Lucas de Leyssac, Counsel and Professor, welcomes the growing influence of economics in the competition law analysis and claims that the absence of any existing competition should not be sanctioned.

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Economic analysis of law is in fashion. As if one were to discover, in France, that the rule of law most often has economic presuppositions and/or consequences...One can be pleased to note that the legal analysis of law is running out of steam a little, and sometimes even suffocating, in contractual solidarism, for example. Competition law is not out of fashion. Even if it is in itself the opposite figure - the legal analysis of the economy - it is interesting to examine it in the light of its economic implications or consequences. For example, one can be concerned about its general economic balance: are the gains it allows the community to make

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Claude Lucas de Leyssac, Absence of competition is not punishable !, December 2006, Concurrences N° 4-2006, Art. N° 12604, pp. 1-3

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