Concurrence effective ou concurrence efficace ?. L'ordre concurrentiel en trompe-l'œil

Fabrice Riem

Revue internationale de droit économique, 2008, vol. t. XXII, 1, issue 1, 67-91

Abstract: The Court of Justice, when implementing by its case-law the EC Treaty?s objective of establishing a system of undistorted competition has developed a concept of workable competition, which, in its French authentic language, is expressed as ?concurrence efficace?. By this the Court does not mean to require ?une concurrence effective? or, in English, the existence or the establishment of ?actual competition?. Rather the Court means to imply by its terminology a certain version of ?workable? competition in the sense that market actors should always be exposed to some realistic competitive threat. This is a more modest approach than that which is proposed by those who favor a ?constitutionalist? interpretation of the objective that competition be not distorted in the Internal Market. Still, it is a legal concept, and it may be a demanding one. The article explores the ways it is actually put in practice by a competition policy which heavily relies on the interaction, and also the negotiation between public authorities and market participants.

Keywords: competition; workable competition; actual competition (search for similar items in EconPapers)
Date: 2008
References: Add references at CitEc
Citations:

Downloads: (external link)
http://www.cairn.info/load_pdf.php?ID_ARTICLE=RIDE_221_0067 (application/pdf)
http://www.cairn.info/revue-internationale-de-droi ... e-2008-1-page-67.htm (text/html)
free

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:cai:riddbu:ride_221_0067

Access Statistics for this article

More articles in Revue internationale de droit économique from De Boeck Université
Bibliographic data for series maintained by Jean-Baptiste de Vathaire ().