Through its three missions – advising, judging, proposing – the Conseil d’État is in direct contact with competition and economic regulation. It recently took up subjects as varied as the French public authorities’ investigatory powers, the transposition of the ECN+ directive or the judicial review of soft law. The objectives it pursues are recurrent: spreading the culture of competition, promoting regulations which take into account businesses’ realities and improving legal certainty and predictability.
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At a time when the spotlight is rightly on the health crisis, a crisis that has placed great demands on the Council of State, it is not Covid-19 that I would like to talk to you about. But about another virus, one that does not die, quite the contrary: the virus that one catches when one has had the good fortune to invest in one of the most stimulating branches of law. Yes, the attachment to competition law and, more generally, to economic regulation is an affection that lasts. And its contagious passion is contagious. How can I put it?
In its areas of competence, the Conseil d'État does nothing to protect itself from this: in its three main functions -