Les fondements du droit communautaire de la concurrence : la théorie de la concurrence-moyen

in Etudes dédiées à Alex Weill, Dalloz-Litec, 1983, pp.51-67.

The author begins by setting out the evolution of American Antitrust Law that condemns cantiompetive behaviorq, first by the rule of reason, and from a radical perspective per se. This corresponds to a design competition as a condition of a market.

Europe has created competition as a means than an end. For the European competition law, competition is not a necessary path of progress, but one way among many.

That’s why corporations and government were so powerful in Europe, and Japan.

The new European law of competition is more in favor of competition. But many decisions of the European Commission and the Court of Justice took into account other things to allow a merger than its effects on the market, such as its social effects.

By this reasoning, the European institutions have sacrificed the principle of competition, contrary to the Supreme Court had done in the United States.