ARTICLES: ANTICOMPETITIVE PRACTICES – PROCEDURE - AMICUS CURIAE - COMPENSATION OF THE VICTIMS - JUDGES - COMPETITION AUTHORITIES

The amicus curiae procedure: European and French practice

Today, judges are invited to fully play their role in disputes involving anticompetitive practices, particularly in order to ensure compensation of the victims of such practices. Although they may be specialised judges, they may find themselves powerless when faced with the complexity of the analyses involved in competition law matters or with the difficulty of gathering evidence. The European Commission, as well as the national competition authorities, can assist them as amici curiae. Pursuant to article 15 of Regulation 1/2003, the competition authorities may give their opinion or submit observations. Surprisingly, some of these procedures are seldom used. This may have something to do with the ambiguity of the role of the amicus curiae : the competition authority, which on the one hand assists the judge but on the other hand protects the competition order, is not a disinterested friend.

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. I. Introduction 1. Definition. Amicus curiae is thus defined by G. Cornu's legal vocabulary: "the capacity of extraordinary consultant and voluntary informant in which the court seized invites a personality to come to the hearing in order to provide, in the presence of all the interested parties, all the observations likely to enlighten the judge". 2. Clearly, judicial litigation of anti-competitive practices lends itself well to this type of intervention. Indeed, it has been pointed out that "[the] law of anti-competitive practices is a specific law, of a technical nature, which requires the expertise of the courts. Expertise in the economic analysis of

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  • University Paris II Panthéon‑Assas

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Emmanuelle Claudel, The amicus curiae procedure: European and French practice, December 2012, Concurrences N° 4-2012, Art. N° 49315, pp. 38-55

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