ASCOLA Competition Law series
Edited by Josef Drexl, Laurence Idot and Joël Monéger
Chapter 16: Conflicts between Economic Efficiency and Effective Judicial Process
16. Conﬂicts between economic eﬃciency and eﬀective judicial process Muriel Chagny* 1 INTRODUCTION How can economic eﬃciency, so dear to competition law, and the eﬀectiveness of the administrative or judicial process enter into conﬂict, or opposition, with each other? At ﬁrst sight, there can be no conﬂict between economic eﬃciency and process eﬀectiveness, since the latter is devised as a means to reach the ends of competition law, one of which is precisely economic eﬃciency. However, in reality, not only does it appear that a conﬂict can arise, but also that it can take various forms, as the plural chosen for the title of this contribution foreshadows. This will lead us to try to identify the diﬀerent types of conﬂicts. Paradoxically, the position of a commentator prompts us, on the one hand, to adopt the vocabulary chosen by the main speaker and to remain in line with his expressed views, and, on the other hand, to set ourselves apart from those views, in particular by choosing a diﬀerent framework for our study. Consequently, the deﬁnitions of the various words in the heading are exactly the same as those given by Professor Louvaris,1 though the ‘eﬀectiveness–eﬃciency’ duo of our topic becomes a trio in his contribution, eﬃcacy being introduced into the reasoning following the method suggested by the main speaker. We will hereafter consider the two types of conﬂict identi...
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