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Competition Law

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documents in English
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market study
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4 pages
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  1. Introduction.
  2. The relevant market : A key concept in the EC Competition Law.
    1. From the relevant market to the market power.
    2. From a formalistic approach to an economical approach.
  3. The relevant market : A useful tool to be improved.
    1. The imperfections of the relevant market.
    2. The balance between advantages and inconvenients.
  4. Conclusion.
  5. Bibliography.

The area of EC Competition Law has experienced major structural and substantial changes over the past two decades. The last decade of reforms of EC Competition Law is often cited as the « modernisation process » . Since competition rules always apply to a « market », this notion have been at the center of the evolution of EC Competition. As such, it seems necessary to define concretely this term. Indeed, competition do not exist in abstract. It is a practical fact. Throughout the evolution of EC Competition Law, the significant debate about this notion, its definition, characteristics and boundaries reveal the fact that this instrument is at the center of EC Competition Law. To validate our statement, we can look at what the Court of First Instance tell us about this tool : « the appropriate definition of the market in question is a necessary precondition of any judgment concerning allegedly anti competitive behavior » . The European Court of Justice also stated that ?the definition of the market is of fundamental significance? .

[...] The balance between advantages and imperfections The Commission's Notice was really welcomed since it offered transparency and adopt an economical point of view.[23] However, some concerns have been expressed about the specialised knowledge that judges need to have now : relative lack of competition knowledge and experience among those who will have responsibility for making competition law decisions may be the most significant obstacle to the success of the modified system?[24]. In order to avoid this issue, training for decision- makers must be provided and lawyers have to get used to work in partenership with economists. [...]


[...] The next few years will show us to what extent EC Competition Law achieved its goal Bibliography Books Law and Competition in Twentieth Century Europe, David J. GERBER, Oxford EC Competition Law, Robert Lane, Longman EC and UK Competition Law, Maher M. DABBAH, Cambridge EC Competition Law, Second Edition, Alison JONES and Brenda SUFRIN, Oxford Articles Applying the Market Definition Guidelines of the European Commission Simon BAKER and Lawrence WU, European Common Law Review p. 273-280 Modernising European Competition Law : A Developmental Perspective David J. [...]

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