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Chagny, Muriel --- "Conflicts between Economic Efficiency and Effective Judicial Process" [2009] ELECD 205; in Drexl, Josef; Idot, Laurence; Monéger, Joël (eds), "Economic Theory and Competition Law" (Edward Elgar Publishing, 2009)

Book Title: Economic Theory and Competition Law

Editor(s): Drexl, Josef; Idot, Laurence; Monéger, Joël

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781847206312

Section: Chapter 16

Section Title: Conflicts between Economic Efficiency and Effective Judicial Process

Author(s): Chagny, Muriel

Number of pages: 9

Extract:

16. Conflicts between economic
efficiency and effective judicial
process
Muriel Chagny*

1 INTRODUCTION

How can economic efficiency, so dear to competition law, and the
effectiveness of the administrative or judicial process enter into conflict, or
opposition, with each other? At first sight, there can be no conflict between
economic efficiency and process effectiveness, since the latter is devised as
a means to reach the ends of competition law, one of which is precisely eco-
nomic efficiency. However, in reality, not only does it appear that a conflict
can arise, but also that it can take various forms, as the plural chosen for the
title of this contribution foreshadows. This will lead us to try to identify the
different types of conflicts.
Paradoxically, the position of a commentator prompts us, on the one
hand, to adopt the vocabulary chosen by the main speaker and to remain
in line with his expressed views, and, on the other hand, to set ourselves
apart from those views, in particular by choosing a different framework for
our study. Consequently, the definitions of the various words in the heading
are exactly the same as those given by Professor Louvaris,1 though the
`effectiveness­efficiency' duo of our topic becomes a trio in his contribu-
tion, efficacy being introduced into the reasoning following the method
suggested by the main speaker.
We will hereafter consider the two types of conflict identified by Mr
Louvaris, namely `failure conflicts' and structural conflicts. However, they
will be studied in the light ...