10 years of the French Autorité de la concurrence: looking back and looking ahead

Abstract

The competition community comprises of a diverse assembly of experts—passionate about their job. Among them, consumer organizations, in-house counsels, attorneys, academics, judges, competition agencies, sector regulators, government departments, and international organizations. The debate they engage in, directly influences competition policy, and enables the adjustment of existing enforcement tools to address ever more varied issues, such as the digital economy and platforms. Indeed, competition law—nowadays—has become a central policy tool affecting consumer welfare. Similarly, it affects compliance and a key element of a firm’s strategy. At times, however, the goals of this policy instrument—the goals of competition law—are inaccurately characterized as mechanical and dogmatic. Statements such as ‘you only look at price effects for consumers’, ‘competition is about the survival of the fittest’, ‘because of competition policy there can be no European champions and Europe is at a disadvantage compared to other regions of the world’ can be heard quite often. These statements reflect some misconceptions as to the role of competition agencies and competition law enforcement in an ever-changing economic landscape. Furthermore, at times, they challenge the legitimacy and accountability of competition agencies.