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Le droit constitutionnel de la concurrence. Étude du cas français
Thèses et HDR

Le droit constitutionnel de la concurrence. Étude du cas français

Mélissandre Talon
Doctoral, Université de Montpellier
09/12/2024

Résumé

Constitutional law Competition law Droit constitutionnel Droit public économique Droit de la concurrence
Neither texts nor doctrine recognise the existence of a constitutional competition law infrench law. The study sets out to construct this object by first determining the conditionsof its existence and then identifying its substance. The relationship betweenconstitutional law and competition law has been obscured by the myth of the economicneutrality of the Constitution. However, the connection between constitutional law andcompetition law has now been established at the normative and doctrinal level. It is truethat there is no constitutional right specifically dedicated to competition in French law,but the Constitution enshrines the foundations of competitive economic activity and setsthe constitutional framework for the regulation of competition. If constitutionalcompetition law has not been recognised until now, it is because it has two distinctivefeatures. Firstly, constitutional competition law is uneconomic. The economic reasoningthat guides the application of competition rules is not subject to constitutional review.On the other hand, constitutional competition law is proceduralised. Constitutional lawpreserves the eBectiveness of competition regulation, but above all strengthens thedemocratic legitimacy of competition policy.

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