L’originalisme qui s’est développé dans la jurisprudence américaine depuis les années 1970 vise à fonder les décisions des juridictions sur la recherche de la signification originelle de la Constitution. Si l’originalisme vise à réduire la marge de discrétion du juge et donc à assurer la cohérence et la prévisibilité des décisions, il est souvent c...
Published in Journal of Banking Regulation
This paper proposes to develop a parallel reading of the banking supervision system and the framework for the enforcement of competition law, with the purpose of setting out points of convergence and divergence between the two, analyzing their institutional architecture and various issues pertaining to the relevant, applicable law. This approach mi...
This paper empirically investigates whether developing countries can enforce their antitrust laws or not by measuring potential antitrust enforcement using two proxies: budgets and staffing levels of antitrust authorities. Data was collected from 40 developing countries since the adoption of the law until 2009. This dataset presents an alternative ...
[Abstract editor: This paper presents a statistical study of public antitrust enforcement in developing countries. It illustrates what really happens with antitrust laws in developing countries after they are put into force. Counter to predictions predominant in the literature, this research shows that developing countries do enforce their antitrus...
Published in Review of industrial organization
Africa has the African Continental Free Trade Area (AfCFTA). The agreement will lower tariffs and facilitate internal market trade on the continent, and policy makers hope that it will help lift 30 million people out of poverty. A competition protocol is now in the process of negotiation and proposals have been made ranging from a full, detailed, t...
This thesis argues that fundamental changes in the technological and geopolitical landscape will lead to the new politics of antitrust. This is a novel argument for several reasons. First, for many decades antitrust has denied its political nature; it was taboo in the antitrust community to speak of the “politics of antitrust.” Antitrust has been l...
Concerns related to Big Techs lead to a proliferation of legislative proposals to complete competition rules with regulatory devices that would lead gatekeepers to be subject to obligations to leave market access free and undistorted. Within this context, this contribution revisits American decision-making practice from the end of the 19th century ...
This paper examines the impact of commitment decisions on the efficiency of antitrust enforcement. We discuss the optimal use of commitments considering past rulings as a source of knowledge to better assess future similar antitrust cases. Our framework combines two key effects: the deterrence of the anticompetitive behavior by the different enforc...
On the 15th of September 2021, 2020 Vertical Merger Guidelines were withdrawn by the Federal Trade Commission only a short year after they were adopted in June 2020. It is possible to find two main points of focus in the Statement of the majority: (1) a necessary reconsideration of the efficiency defense for vertical mergers, by giving less promine...
This thesis addresses two issues facing regulators in the digital economy: the informational challenge generated by the use of new artificial intelligence technologies and the problem of the market power of large digital platforms. The first chapter of this thesis explores the implementation of a (costly and imperfect) audit system by a regulator s...
