Presses de Sciences Po, Dalloz, Paris, 2006, 288 p.

Les engagements dans les systèmes de régulation

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Commitment is a key concept in law and economics, but the eyes are rarely crossed. For example, lawyers have always been familiar with the concept of a contract, while economists rarely take into account the legal dimension of a commitment. The first part of the book rather takes up the economic categories, relying on the "ex ante/ex post" opposition, the commitment being on the side of the former, which would characterize regulation as opposed to the guard of competition. Experience shows that while the ex ante is originally designed to give way to the ex post, there are shifts from the ex post to the ex ante. A second part can then address head-on the relationship between contracts and regulation, in particular to ask whether the contract can be a new mode of regulation, especially in certain sectors, such as the financial sector.

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Francesco Martucci, Les engagements dans les systèmes de régulation, December 2006, Concurrences N° 4-2006, Art. N° 12595, p. 174

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