Concurrence

Complete reference : Arens, Ch., La cour d'appel de Paris, au coeur des droits de la concurrence, Revue Concurrences, n°3-2018, pp. 1-4.   Sciences Po Students can consult the article via the drive in the folder "MAFR-Regulation & Compliance"

Full reference: European Commission, 18th of July 2018, Decision relating to a proceeding under Article 102 of the Treaty on the Functioning of the European Union and Article 54 of the EEA Agreement, Google Android, Case AT.40099 Read a summary of the decision

Full reference : L.-M. Augagneur, "L'efficacité des programmes de compliance : l'exemple du droit de la concurrence", in N. Borga, J.-Cl. Marin et J.-Cl. Roda (dir.), [lien a="compliance-entreprise-regulateur-juge"]Compliance : l'entreprise, le régulateur et le juge[/lien], Série [rubrique p='Responsabilités éditoriales > Direction de la collection "Régulations & Compliance", JoRC & Dalloz']Régulations & Compliance,[/rubrique] Dalloz, 2018, pp. 137-142.   [lien a="compliance-entreprise-regulateur-juge"]Read a general presentation of the book in which the article is published[/lien] Read the [rubrique p='Responsabilités éditoriales > Direction de la collection "Régulations & Compliance", JoRC & Dalloz']other titles of the série in which the book is published[/rubrique]

Référence complète: Autorité de la concurrence (French Competition Authority), Decision relating to practices implemented by the company Engie in the energy sector, Engie vs Direct Energie, 7th of September 2017, n°17-D-16 Read the decision (in French) Read the press release

Full reference: Regulation (EU) 2017/1129 of the European Parliament and of the Council of 14 June 2017 on the prospectus to be published when securities are offered to the public or admitted to trading on a regulated market, and repealing Directive 2003/71/EC Read the regulation 

Full reference: Autorité de la concurrence (French Competition Authority), Decision relating to practices implemented in natural gas, electricity and energy services supply sector, Engie vs Direct Energie/UFC que choisir, 21st of March 2017, n°17-D-06 Read the decision (in French) Read the press release Read the press release of the decision of 9th of September 2014 on which this decision is based    

Full reference: Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union Read the regulation 

 Bank and Competition do not mix. It is not so much that the banks would act as repeat offenders on which the competition authorities should raise the tone by increasingly heavy penalties so that the competitive lesson is finally heard. It is rather two orders confronting each other, two incomprehensions face to face. Indeed, the banks find it appropriate to agree in order for the banking system to function. Moreover, governments demand them political behavior by financing the economy when the economy does not rely on financial markets. Hence, how would they themselves behave in a market consisting of selfish behavior and aggression towards their counterparts? If we plunge into this melting pot of incomprehension that engenders the violent clash between the banks, which evoke their mission, even their duty, and the competition authorities which avail themselves of theirs, we run into the pitfall of the definition even of what a bank is. It can be estimated that a bank is a provider of various services, operating in competing markets. In this perspective, the law ensures the proper functioning, the authorities that keep the efficiency of the markets seizing the banks that carry out their activities. But if we choose to insist that banks are what make the economy work and strengthen the social bond, then they are an integral part of their own system: the banking system. Moreover, the latter is an essential element of society, a perspective in which competition is merely contiguous. The more Europe manages to build banking Europe, the more it elaborates a mechanism for resolving difficulties, the more the bank is above all a matter of State and not of financial markets. In what is the political course of the history of peoples, competition ceases to be its first measure. It is therefore necessary to start from the undisputed existence of banking markets and the competitive mechanism which the law correlates with (I)). But the scale of the resistance reveals that it seems to have intentionally or not to have passed on the elementary and the essential: the very definition of what is a bank II. If it is accepted that the bank is the operator of the banking system, which fuels the economy as a whole, then competition law has only an adjacent role and can not constitute its backbone (III). The European Banking Union is demonstrating this.  

If one admits that Regulation is identified by the balancing of the principle of competition with another principle, a-competitive or anti-competitive, then peace is destined to slip into this technical definition of Regulation . So, it is possible to conceive relagulating of trade in terms of peace. Indeed, if we consider that liberalism has links with competition, we can instead consider economic mechanisms which are "colored" by the concern for social justice, equitable distribution of wealth. For example the construction of infrastructure for the future common good can be interpreted as being relied on the concept of peace, conceived as Kantian project. Organized in this sensee, the regulation belongs to the public international law. But we can design a system in a more economic perspective, more for the right business. Thus, the example "oil against food" program that you can just read it as a regulation of commerce, shows this sort of trade regulation is built to engender peace negatively  preventing build up war chests and allowing the citizens to be transformed in consumers.Furthermore, when the limitation of the rights of creditors had been done ​​by CERDI , it had been on behalf of the right of States to exercise a power expressly to "regulate" its money in disfavor th creditors but to bring peace through devaluation so that citizens can remain consumers. Can we go further? Can we go beyond casuistry?

Full reference: European Parliament and European Council, Regulation (EU) No 596/2014 of 16 April 2014 on market abuse (market abuse regulation) and repealing Directive 2003/6/EC of the European Parliament and of the Council and Commission Directives 2003/124/EC, 2003/125/EC and 2004/72/EC Read the regulation