May 26, 2009


Les buts du droit de la concurrence (the purpose of the competition law)

by Marie-Anne Frison-Roche

in "Comparaison juridique Franco-Brésilienne" (Comparative perspectives between French and Brazilan legal systems)

This presentation takes for subject the French system, to prepare the discussion with the professor Callisto Salomon, in order to compare the both systems. In France, at first, it is difficult to identify the purpose ot the competition law because the unfair competition is sanctioned through the Civil Code and the consideration of the bilateral relationship between competitiors, without consideration for the market. The Law of the competition market has un different finality : the restauration of the market objectively deterioted by an anticompetitive behavior. This is why the traditional legal system of proof is not applied. But the purpose of the competition Law is to protect the market ex post, and not to built markets ex ante. This latter purpose belongs to the Regulatory Law, which is very different from the Competition Law. We can observe that the European Competition authorities act as Regulators, and this is a serious problem, source of many confusions.

Porto Alegre, Brésil, 26 may 2009

This communication will be published in some months, in two books, one in French and one in Portugese.

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