Abstract
Regarding public law, the idea of general interest is traditionally opposed to that of competition, more particularly because of the rejection of a utilitarian conception in favour of a voluntary one. Nevertheless, competitive concerns are now really participating of general interest. This is the hypothesis developed in this research work, whose purpose is to emphasize the convergence between “the objective aspect of the law of competition” and a general interest, which, although being under a process of alteration, doesn’t fall into the ideal utilitarian pattern. The study of the judge’s willingness in the Million & Marais case confirms this analysis. Once stated, the hypothesis of the opening of general interest to competition results in adjusting the functions of this “key notion” of public law. Competitive general interest invites, at the same time, to vulgarize public operators in economy, to reconsider the action of public powers and to acknowledge a regulatory authority, i.e., a methodical combination between the different requirements of general interest. Such a public “neo-modern” action revives and gives continuity to the part of public law in market economy.