ARTICLE - ECONOMIC ANALYSIS - REVIEW OF JUDICIAL DECISIONS BY THE COUR DE CASSATION - REVIEWING THE LEGALITY OF APPEALS COURTS DECISIONS - HOW ECONOMIC ANALYSIS INFLUENCES THE CASE LAW

The role of economic analysis in the French Supreme Court judicial review

This article examines the use of economic analysis in the review of judicial decisions by the French Cour de Cassation, the highest court in the judicial order, in the area of antitrust law. In a first part, it explains why, when reviewing the legality of appeals courts decisions in this area, the Cour de Cassation must take economic analysis into consideration. In a second part, it reviews a number of recent decisions by the Court to show concretely how economic analysis influences the case law*.

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. For several years, the questions brought before the Court of Cassation in competition law matters have mainly concerned procedural issues, but the Court has been called upon fairly frequently, particularly since 2000, to rule on the merits of this law. On the one hand, it has endeavoured to ensure consistency between Community law and national law. On the other hand, it has repeatedly reminded the court hearing the case that it is in the light of the lessons and methodology of economic analysis that it must give reasons for its decisions. Finally, it has unified the interpretation of certain concepts used in both competition law and unfair competition

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  • ESSEC Business School (Cergy)

Quotation

Frédéric Jenny, The role of economic analysis in the French Supreme Court judicial review, December 2007, Concurrences N° 4-2007, Art. N° 14300, pp. 27-35

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