The French System of Antitrust Enforcement:A Sui Generis Monist Model

Abstract

The paper examines strengths and weakness of the French system of competition enforcement, with the aim of contributing to the discussion on the institutional design of systems of competition law enforcement. In this regard, special attention will be devoted to choosing to introduce a clear separation between investigative and adjudicative functions within the same institution: while this solution ensures compliance with the impartiality principle, it also implies a lack of coordination between the board and the investigative services, which could have negative consequences for the administrative activity of the institution

Keywords

• competition law
• france
• impartiality
• rights of defence
• autorité de la concurrence