Open AccessECONOMIC AND LEGAL ASPECTS OF THE LEGAL LIABILITY FOR VIOLATION OF THE RULES OF COMPETITION IN FRANCE
Author(s) -
Ольга Терновая,
Olga Tyernovaya
Publication year - 2016
Publication title -
žurnal zarubežnogo zakonodatelʹstva i sravnitelʹnogo pravovedeniâ
Language(s) - English
Resource type - Journals
eISSN - 2587-9995
pISSN - 1991-3222
DOI - 10.12737/22193
Subject(s) - doctrine , competition (biology) , legal doctrine , legislation , liability , law and economics , legal liability , law , database transaction , strict liability , business , competition law , transaction cost , political science , economics , market economy , ecology , biology , monopoly , finance , computer science , programming language
The article deals with the economic and legal aspects of the legal liability for the violation of the competition rules in the doctrine and the French legislation. Particular attention is paid to the economic aspects of the legal regulation of competitive relations and the practical application of the techniques of economic analysis by the French courts in disputes related to economic supervision. The role of the Competition Council in making decisions about the presence or absence of positive economic impacts of the transaction is noted. The question of delimitation of antitrust regulation by the norms of the French Commercial Code and acts of unfair competition by the rules of the French Civil Code is researched. The formed approaches to the definition of acts of unfair competition in the doctrine are analyzed. The attention is paid to the possibility of criminal liability of legal persons for violation of the rules of competition in accordance with French law.