Aix en Provence, Presses Universitaires d’Aix-Marseille, 2004, 473 pages, thèse, préface de Loïc Grard

Juge administratif et droit de la concurrence

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For a long time, the administrative judge appeared to be far removed from competition law, mainly due to the law of 6 July 1987 which transferred the litigation of decisions of the Competition Council to the judicial judge. Since the end of the 1990s, the administrative judge has been applying competition law in various cases. This evolution carries a major risk: that of seeing the development of competition rules specific to the administration, which would undermine the unity of competition law. Why does the administrative judge apply competition law? How does the administrative judge apply competition law? This study proposes to answer these two questions in succession. It will thus examine the appropriateness of including the administrative court in the institutional system for implementing competition law and the ability of the administrative court to apply this law without undermining its unity.