Previous article Next article

ARTICLE: RELATIONSHIP BETWEEN FREE PRICE-SETTING / FREE COMPETITION - REGULATED-TARIFF SECTORS - BARRIERS TO ENTRY - COMPETITION AUTHORITIES

Enforcing competition in regulated-tarifs sectors: An apparent contradiction

This paper offers an original take on the relationship between free price-setting and free competition. French legal tradition considers that competition rules cannot be applied to regulated-tariff sectors. Still, regulated prices do not entirely rule out the likelihood of anti-competitive prices such as barriers to entry the competition authorities are entitled to appreciate. However, regulated-tariff markets are often closely interlinked to free ones in complex ways. It is then crucial for the authorities to being its assessment of such anti-competitive practices by drawing a clear line between the ones that are actually taking place on a regulated-tariff market and the ones that are not.

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. A recent decision of the Paris [1]Court of Appeal, censoring the decision 08-D-06 of the private practitioners of sector I, itself raises a question. Must an economic activity be carried out in a context of price competition in order for the prohibition on cartels to apply? In a formulation as unusual as "lapidary", the [2]Court answers in the affirmative: "the Court does not share the Board's assessment that a concerted practice by contract doctors tending to free themselves from the tariffs imposed falls within the scope of Article L. " (emphasis added). The Court does not agree with the Council's assessment that a concerted practice by doctors

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Author

  • French Audiovisual Regulator (CSA)

Quotation

Juliette Théry, Enforcing competition in regulated-tarifs sectors: An apparent contradiction, December 2009, Concurrences N° 4-2009, Art. N° 29201, pp. 51-56

Visites 2738

All reviews