La dualité égalité – équité dans la pratique des autorités de régulation
AbstractThis article aims at contributing to the debate on regulation. Despite its various meanings, the concept has indeed evolved considerably. It seems, however, that some agreement has emerged to the effect that regulation can be regarded as an approach which allows maintaining some balance between competition and other public interests. Independent agencies play a central role and are therefore subject to numerous constraints. The complex legal environment in which they act imposes some limits and restricts their behaviour as well as their decisions. Such environment has thus given rise to adapted responses which have allowed them to keep their unique role and autonomy, with a view of ensuring coherent action. This study aims at explaining the various legal principles which currently emerge from independent regulatory authorities? practice. The principle of equality appears, in particular, as a principle cutting across all areas. The study shows that regulatory authorities do refer to this principle on various markets in order to promote equality of chances within competition and to sanction non-compliance. The study concludes that considerations of equity also gradually influence the decisions of regulatory agencies, which reinforces the idea that there cannot exist any efficient competition without some form of distributive justice and consideration of moral values.
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Bibliographic InfoArticle provided by De Boeck Université in its journal Revue internationale de droit économique.
Volume (Year): t. XX, 2 (2006)
Issue (Month): 2 ()
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Web page: http://www.cairn.info/revue-internationale-de-droit-economique.htm
regulation; equality; equity; competition; affirmative action; recommandation;
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