Advanced Search
MyIDEAS: Login to save this article or follow this journal

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

Contents:

Author Info

  • Fabrice Riem
Registered author(s):

    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.

    Download Info

    If you experience problems downloading a file, check if you have the proper application to view it first. In case of further problems read the IDEAS help page. Note that these files are not on the IDEAS site. Please be patient as the files may be large.
    File URL: http://www.cairn.info/load_pdf.php?ID_ARTICLE=RIDE_221_0067
    Download Restriction: free

    File URL: http://www.cairn.info/revue-internationale-de-droit-economique-2008-1-page-67.htm
    Download Restriction: free

    Bibliographic Info

    Article provided by De Boeck Université in its journal Revue internationale de droit économique.

    Volume (Year): t. XXII, 1 (2008)
    Issue (Month): 1 ()
    Pages: 67-91

    as in new window
    Handle: RePEc:cai:riddbu:ride_221_0067

    Contact details of provider:
    Web page: http://www.cairn.info/revue-internationale-de-droit-economique.htm

    Related research

    Keywords: competition; workable competition; actual competition;

    References

    No references listed on IDEAS
    You can help add them by filling out this form.

    Citations

    Lists

    This item is not listed on Wikipedia, on a reading list or among the top items on IDEAS.

    Statistics

    Access and download statistics

    Corrections

    When requesting a correction, please mention this item's handle: RePEc:cai:riddbu:ride_221_0067. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Jean-Baptiste de Vathaire).

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If references are entirely missing, you can add them using this form.

    If the full references list an item that is present in RePEc, but the system did not link to it, you can help with this form.

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your profile, as there may be some citations waiting for confirmation.

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.