IDEAS home Printed from
MyIDEAS: Log in (now much improved!) to save this article

L'abus de pouvoir de marché: contrôle de la domination ou protection de la concurrence ?

Listed author(s):
  • Laurence Boy
Registered author(s):

    The main ASCOLA’s aim is to focus on theorical foundations in EU competition law, with a comparative law perspective. This methodological draft has to be connected with measuring the variable influence of economic theories on competition law. As well as in Germany, France, EU, judicial decisions are slowly building a « European competition order » which is every day more and more complete and, most of all, more complicated. It is generally considered as the opposite model of United States of America’s one. In this very complex material, ASCOLA’s hypothesis is that, started from USA, an evolution is implemented slowly which shifts the traditional competition law from controlling competition restrictions to protect competition, and even to construct competition. Broadly, the evolution has been characterized by a shift from the traditional antitrust control over restrictions of competition to a « regulatory» approach 102 . This evolution has to be linked to the different approaches of competition law and, most of all, to the different approaches of law and economics. Competition law is, and it is necessary to focus on this, a major part of public policies. Public policies can’t be submitted to economic abstract models. They include social, contractual, consumer, environmental concerns in Europe, which seem totally excluded from the new and « modern» competition law. This is a really concern which every lawyer is interested. More precisely, « strict» competition law invites all of us around an important debate in which different theories are sollicitated. We would like to answer as objectively as possible about a subject, which cannot be totally objective. As A. Pirovano noticed several years ago, competition law has to combine several fragmentary and fragile balances between competition freedom, contract freedom, property right. All theses concerns must be crossed with economic competition, competition law and competition politics.

    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:
    Download Restriction: free

    File URL:
    Download Restriction: free

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

    Volume (Year): t. XIX, 1 (2005)
    Issue (Month): 1 ()
    Pages: 27-50

    in new window

    Handle: RePEc:cai:riddbu:ride_191_0027
    Contact details of provider: Web page:

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

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

    When requesting a correction, please mention this item's handle: RePEc:cai:riddbu:ride_191_0027. 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.

    This information is provided to you by IDEAS at the Research Division of the Federal Reserve Bank of St. Louis using RePEc data.