IDEAS home Printed from
   My bibliography  Save this article

Analyse de la libéralisation des industries de réseaux au travers de la jurisprudence du Conseil de la Concurrence Français


  • Frédéric Marty


THE FRENCH CONSEIL DE LA CONCURRENCE AND THE LIBERALISATION OF PUBLIC UTILITIES. A CASE-LAW ANALYSIS The purpose of this paper is to underline the role of independent agencies, such as the French Competition Council, in the liberalisation process of public utilities. In a sector like electricity, the shift in the legal framework is, in our view, less induced by the legislative acts than by the case-law produced by the Council decisions. In an institutionnalist approach, jurisprudence could be seen as one of the main source of law in regulation matters. The questions addressed by government, legislative bodies or constituted interests to the Council or the contentious actions initiated by economic actors play a significant role in the work of precision and enforcement of the public regulation. In our hypothesis, such actions, which use the law as a set of resources, in order to defend or to promote specific economic interests, could be one of the sources of an « automatic judicial regulation process ». We have built and analysed an exhaustive data base constituted by the decisions, opinions and interim measures of the French Competition Council, relative to electricity and public utilities, from 1996 to 2002. Descriptive data analyses enable us to appreciate the particularities of the liberalisation of electricity, comparing to the case of telecommunications. This analysis allows us to formulate the hypothesis of a relay race in the claims to the Council, from the State, to the regulation commission and finally to competitors, which could explain the dynamic of « automatic judicial regulation process ».

Suggested Citation

  • Frédéric Marty, 2004. "Analyse de la libéralisation des industries de réseaux au travers de la jurisprudence du Conseil de la Concurrence Français," Revue internationale de droit économique, De Boeck Université, vol. 0(4), pages 435-460.
  • Handle: RePEc:cai:riddbu:ride_184_0435

    Download full text from publisher

    File URL:
    Download Restriction: free

    File URL:
    Download Restriction: free

    More about this item


    Access and download statistics


    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:cai:riddbu:ride_184_0435. 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). General contact details of provider: .

    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.

    We have no references for this item. You can help adding them by using 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 RePEc Author Service 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.

    IDEAS is a RePEc service hosted by the Research Division of the Federal Reserve Bank of St. Louis . RePEc uses bibliographic data supplied by the respective publishers.