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Jurisprudence

Cour de Cassation (French judicial Supreme Court), Chambre commercial (commercial chamber)

Decision of 28th of February 2006, Etablissement français du sang

Full reference: Com, 28th of February 2006, Etablissement français du sang, n°05-12.138 Read the decision (in French)   Summary of the decision In this judgment, the judge condemns the Etablissement français du sang (French blood establishment – ESF) for an abuse of a dominant position committed by the company Reims Bio, whose activities were subsequently recovered by ESF after its financial liquidation

Articles in a legal collective publication

📝The hypothesis of Interregulation (“L’hypothèse de l’interrégulation”) in Frison-Roche, M.-A. (ed.), 📕Les risques de Regulation (“Regulatory Risks”)

Full Reference : Frison-Roche, M.-A., "L’hypothèse de l’interrégulation", in Frison-Roche, M.-A. (ed.) Les risques de régulation, coll. « Droit et Économie de la Régulation », t.3, Dalloz / Presses de Sciences-Po, 2005, pp. 69-80. The topic of of this article is to propose a new notion, already presented in 2001 in the article "Regulation Law": "Interregulation". This mechanism will makes more easier a unified decision when several autonomous, even contradictory, regulations are legitimate to rule a situation. This creation therefore responds to a gap in the general system, of which the antimony is a variant. Political power no longer has the means to unify these disparate sources because it is "overtaken by the globalization of sectors and markets. Likewise, the hierarchical mode of traditional law cannot be suitable for autonomous sectorial regulations. There is therefore a need for interregulation between regulators, for the creation of a common "doctrine", or by procedural means, such as "authorized advice". Read the article. (written in French) Read the general presentation, written in English, of the collective book, Les risques de régulation, in which this article has been published.   Below, read the article Summary.