L’économiste appelé à la barre : la régulation économique et juridique de la concurrence

Abstract

Economic analysis plays a growing role in competition law. In the United States, the Chicago School raised economic arguments in the 1970s in order to criticize its enforcement, considered too hostile to big companies. While economic analysis subsequently evolved in a more nuanced direction, it brought about a major change in ideas, in case law, and in the actual handling of cases, which have become battles between economists as much as between lawyers. A similar phenomenon took place in Europe, starting in the 2000s. The interplay between legal procedures and often complex economic analyses raises concerns about the predictability of law, leading to a quest for “structured rules of reason”.

Keywords

• industrial organization
• competition policy
• law and economics