Le progrès technologique dans le traitement des ententes contractuelles

Twenty years ago, Aurelio Pappalardo considered in the first issue of this review how technological progress was grasped by the European competition policy, especially by cartel prohibition. The celebration of the review gives the opportunity to measure the distance covered. The assumption is the same : competition policy is not to put aside in order to favour technological progress. Confiscation of this progress by some enterprises is a permanent threat over welfare. The rise of market power, as a crucial concept, more than ever justifies this approach. The difficulty is to rate the right level of implementation. That was the objective for the modernization of antitrust policy and precisely for the review of the three block exemption regulations concerned by technological development. Nevertheless those regulations don?t meet equal satisfaction. Besides, analysis case by case is required when the conditions of block exemptions are not quite right. From this point of view, the situation has also greatly evolved. The European Judge has brought more and more pressure on European Commission about its obligation to state the economic reasons of its decisions. The judge has increased his vigilance on essential qualifications like restriction of competition and conditions for individual exemption. Last but not least, the lack of industrial policy gives the impression of a conquering and overwhelming competition policy to the detriment of technological development. Henceforth, a substantial innovation policy is now demanded so as to favour European champions capable of facing globalization.