*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. "In making known what benefits Americans derive from democratic government, I am therefore far from claiming or thinking that such benefits can only be obtained through the same laws..." Alexis de Tocqueville, De la Démocratie en Amérique, Paris, 1835, vol. 1. 1. Over the past two decades, competition law in the major developed countries has evolved significantly in line with United States antitrust law, from which many of the legal categories adapted in Europe and France have been drawn. In doing so, the comparative approach presented below is entirely inspired by that of Alexis de Tocqueville, whose work is centred on the search for the foundations of
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INTERNATIONAL : FRENCH DUAL COMPETITION AUTHORITIES - REFORM OF THE INSTITUTIONAL SETTING -DGCCRF - COMPETITION COUNCIL - AUTHORITY TO INVESTIGATE ANTICOMPETITIVE BEHAVIOURS - INDEPENDENT ADMINISTRATIVE AUTHORITY - MERGERS INVESTIGATION - G7 COUNTRIES - PLURALITY OF COMPETITION AUTHORITIES (UNITED STATES, UNITED KINGDOM, GERMANY) - SINGLE EXECUTIVE SPHERE AUTHORITY (CANDA, KOREA, JAPAN) - ITALIAN EXCEPTION - DECISIONAL POWERS - APPEALS
National Competition Authorities in G7 countries: An institutional comparison
A debate has emerged in France about the opportunity to reform the institutional setting of the Competition Law enforcement which rests on two competition authorities, the DGCCRF, a Competition Directorate General under supervision of the Minister of the Economy, Finance and Industry and the Competition Council. DGCCRF has authority to investigate anticompetitive behaviours under civil and criminal rules of procedure, behaviours that are referred to the latter, an Independent Administrative Authority deciding on cartels and abuse of dominance cases, subject to appeals before the Civil Court of Appeals of Paris. After DGCCRF mergers investigation, with possible non binding Council’s opinion request, the Minister decides on mergers and his decisions may be appealed before the Administrative Supreme Court. In all G7 countries, Competition Law enforcement is vested to either a plurality of Competition Authorities (United States, United Kingdom, Germany) or to one authority which is clearly situated in the Executive sphere (Canda, Korea, Japan), with the exception of Italy which is close to France. These institutions hold important decisional powers under civil or criminal law judges. Appeals of their decisions are generally exercised before ordinary appeal courts. The French institutional organization is no exception in that group.
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