Economic Theory and Competition Law
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Economic Theory and Competition Law

  • ASCOLA Competition Law series

Edited by Josef Drexl, Laurence Idot and Joël Monéger

The context for this book is the increasingly complex relationship between economic theory and competition law which gives rise to lively political and academic debate on the direction competition law should take in a more global and innovation-oriented market place.
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Chapter 16: Conflicts between Economic Efficiency and Effective Judicial Process

Muriel Chagny

Extract

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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