Dissertations / Theses on the topic 'Régulation de la concurrence'
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Kazzi, Habib. "La régulation de la concurrence dans une économie mondialisée." Paris 10, 2006. http://www.theses.fr/2006PA100080.
Full textGlobalization and competition law have close but ambiguous relations. In a context of a growing interpenetration of the markets, we can notice a multiplication of antitrust laws. The increasing of antitrust controls reflects the concern of states to consolidate the process of liberalisation of trade led under the aegis of the WTO and, on the other hand, limits the loss of hold on the national economy that is being generated. The international context surrounding competition laws is then marked by the inadequacy between the national and regional features of antitrust legislations and the internationalisation of commercial activities and restrictive practices or operations implemented by the economic operators. To face this situation, the international competition legal order that is being implemented gradually responds to a double logic. Due to its nature, it can not be linked to a spontaneous order, the “ lex mercatoria ”, but to an organised order built by the states, in other words the “ lex economica ”. Due to its content, this order aims essentially to coordinate the national controls as regards to competition. The purpose of this study focuses on demonstrating that the consecration of a ‘‘decentralised'' competition legal order presents indeed irreducible limits. However, it has the advantage of the aspirations of sovereignty claimed by many states, to take into account specifications of those economies, limiting as far as possible the hypotheses of conflicts of interest in the law cases handled
Lefouili, Yassine. "Innovation, Propriété Intellectuelle, Concurrence et Régulation : Essais en Economie Industrielle." Phd thesis, Université Panthéon-Sorbonne - Paris I, 2008. http://tel.archives-ouvertes.fr/tel-00401985.
Full textZhang, Jiekai. "Concurrence et régulation des plateformes médias financées par la publicité." Thesis, Paris Sciences et Lettres (ComUE), 2017. http://www.theses.fr/2017PSLEM049/document.
Full textThe first chapter of the thesis studies the advertising competition on the French broadcast TV market. We use a unique dataset on the French broadcast television market including audience, prices, and quantities of advertising of twenty-one TV channels from March 2008 to December 2013. We specify a structural model of oligopoly competition and identify the shape and magnitude of the feedback loop between TV viewers and advertisers. We also implement a simple procedure to identify the conduct of firms on the market. We find that the nature of competition in the French TV advertising market is of the Cournot type. Further, we provide empirical evidence that the price-cost margin is not a good indicator of the market power of firms operating on two-sided markets. In the second chapter, I use a theoretical model to analyze the competitive behavior of advertising financed media platforms. The platforms are specified to be horizontally differentiated and the market form is an oligopoly. The first major insight of the model is that the different platforms behave as strategic complements under Cournot competition. In particular, if a platform increases its quantity of advertising, it is optimal for its competitors to raise their respective advertising quantities as well. The model suggests that the merger of advertising sales houses of several platforms increases the advertising offers of all the competing platforms of the market (both the merged and unmerged), holding the quality of platforms unaffected. I further test the theoretical prediction with TV market data and model used in the first chapter, the empirical counterfactual simulation suggests same results as the theoretical model. Finally, in the last chapter, I investigate the welfare effect of the widespread policy of regulating advertising time on TV. The project exploits a novel dataset of per hour data on 12 broadcast TV channels in France during one year (2014). I first estimate the demand of TV viewers and of advertisers, which allows me to account for the two-sidedness of the market in the supply decision of TV stations. I show in this work how to identify the shadow prices of regulation when the regulatory constraints are observed. Finally, I conduct two counterfactual experiments to calibrate the welfare effects of the regulation. My results suggest that the regulation protects welfare of TV viewers, while its impact on the industry's profit can be either positive or negative, depending on the concentration level of the market. Given the two-sided market structure of the broadcast TV industry, regulating advertising time is unnecessary on a competitive market. However, when the market become concentrated, the regulation can improve up to 5.75% of consumer surplus, but decrease until 4.8% of the industry's profit. (...)
Medjnah, Mourad. "Les rapports entre autorités de régulation en matière de concurrence." Paris 1, 2010. http://www.theses.fr/2010PA010296.
Full textVion, Jean-Philippe. "L'oligopole, notion et régulation en droit communautaire de la concurrence." Amiens, 2010. http://www.theses.fr/2010AMIE0054.
Full textLefouili, Yassine. "Innovation, propriété intellectuelle, concurrence et régulation : essais en économie industrielle." Paris 1, 2008. https://tel.archives-ouvertes.fr/tel-00401985.
Full textMalecot, Monelle. "La régulation de la concurrence fiscale dommageable dans les transports maritimes." Thesis, Paris 5, 2012. http://www.theses.fr/2012PA05D017.
Full textGalanis, Theodoros. "Droit de la concurrence et régulation sectorielle : l 'exemple des communications électroniques." Paris 1, 2008. http://www.theses.fr/2008PA010331.
Full textPenalva, Icher Élise. "Réseaux et régulation d'un marché financier "socialement responsable" : en attendant la concurrence." Lille 1, 2007. https://pepite-depot.univ-lille.fr/LIBRE/Th_Num/2007/50377-2007-17.pdf.
Full textGue, François. "L'influence du droit de la concurrence sur le droit et l'économie bancaire." Thesis, Paris Est, 2013. http://www.theses.fr/2013PEST0092.
Full textWith the financial crisis that erupted in 2007, repeated financial scandals, the difficulties currently faced by banks are all elements that encourage both european and national competition authorities to pay closer attention to the sector. These concerns reflect the reading of the economic, legal and regulation of Competition in the banking sector. When, where European institutions like the various Member States are trying to find a way to stop the effects of the crisis. Competition is at the heart of the debate. The search for a balance between Competition and economic stability is indispensable. From the perspective of accelerating the process of European financial integration, are recurring themes. Competitiveness of banks, banking regulations, structural reforms of the banking sector.The followed objective by the thesis analysis is to demonstrate the importance for banks to fully understand the various aspects of Competition. Including such periods of financial turmoil, the Competition appears as the most effective tool to give the banking sector means and adequate framework for its development. Competition allows detecting both economic and social challenges facing the banking sector
Meunier, Guy. "Concurrence oligopolistique et investissement : application aux marchés électriques." Paris, EHESS, 2008. http://www.theses.fr/2008EHES0012.
Full textLiberalisation of electricity markets is a major reform of a key sector of modem economies. One motivation behind the market reforms in electricity industries is to encourage efficient investment in the optimal mix of technologies. But there are growing concerns about the ability of the new liberalized market regime to induce sufficient investment in building capacity, in the optimal technology mix. The thesis deals with the issue of investment by an oligopoly of producers in an electricity market. It is composed of four chapters. The first chapter analyzes the strategic choice of capacity with several technologies and heterogeneous producers when demand is variable. The second chapter analyzes how economies of scale interact with imperfect competition emphasizing the difficulty to invest in nuclear capacity. The third chapter analyzes the intervention of a public firm that aims to compensate a lack of private investment. And finally the forth chapter deals with the issue of emissions permits markets. It is stressed that an integrated emissions market creates relation between markets initially isolated
Chéry, Blair. "Recherche sur les modes de règlement des contentieux liés aux infrastructures de communications électroniques." Thesis, Toulouse 1, 2014. http://www.theses.fr/2014TOU10042.
Full textThe electronic communications networks are causing disputes increasingly frequent whose payment methods are particularly original. In particular, they involve the mobilization of technical skills that do not have professional judges where periods of dispute resolution are hardly compatible with the deadlines conventional court proceedings. In other words, they call original forms of settlement proceedings before the regulatory authorities for electronic communications. Such a subject would remain anecdotal of dispute electronic communications infrastructures had not been treated specifically and with some similarity in the different legal systems. Our goal is to understand and analyze litigation in a global perspective. In this perspective, beyond the geographical distribution of this model, this study allows us to ask fundamental questions to capture the settlement of disputes in all its dimensions. The study of the settlement of dispute electronic communications networks as a whole now appears essential for the understanding of the major legal developments with major changes brought about by globalization and new technologies
Uribe, Maza Jorge. "La régulation économique des nouvelles technologies de télécommunications." Paris, Institut d'études politiques, 2007. https://spire.sciencespo.fr/notice/2441/5043.
Full textOur research expands the theoretical framework for regulatory policy analysis of recent reforms in network industries with high technological dynamics, the telecommunications sector in particular. The specific nature of this sector's infrastructure and demand implies prevalence of market failures such as price collusion and underinvestment. Technology adoption, asymmetric information, market access control and regional coordination on regulation are some of the main topics discussed in this dissertation. Economic regulation by market mechanisms appears as the appropriate way of handling natural oligopolies, scale and scope economies, high entry costs and network externalities. In the first part of this work we have examined the theoretical arguments on which regulatory authorities base their functioning. In the second part we propose some mathematical models representing firm's behaviour and organization in a network economy context. Choices on price and investment are thus explained as strategic reactions to market and regulatory incentives. Some empirical tests have been done to get a better understanding of links between telecoms investment and economic development in different parts of the world. Finally, we have also performed studies on regional cooperation on regulation and on the potential effects of new technologies on society as a whole
Degrassat-Théas, Albane. "Prix, concurrence et régulation : soutien à l'innovation et prix des médicaments à l'hôpital." Phd thesis, Université Paris Dauphine - Paris IX, 2013. http://tel.archives-ouvertes.fr/tel-00944739.
Full textJanin, Lionel. "Concurrence et régulation : mise en œuvre et effets de politiques publiques en France." Phd thesis, Télécom ParisTech, 2011. http://pastel.archives-ouvertes.fr/pastel-00683497.
Full textJanin, Lionel. "Concurrence et régulation : mise en oeuvre et effets de politiques publiques en France." Paris, Télécom ParisTech, 2011. https://pastel.archives-ouvertes.fr/pastel-00683497.
Full textThis thesis examines the effect of public policies on the functioning of competitive markets. It addresses one issue of competition policy and one issue of sectoral regulation. The first part of the thesis focuses on merger control: it first examines the effects of mergers on the prices of goods, and then the decision of the competition authority is endogenised. The first article examines whether one of the objectives justifying the existence of competition policy - the enhancement of consumer surplus - is achieved in practice for merger control. Using French multi-sectoral data, the effects of mergers on the prices of goods and services in the relevant sectors is estimated. In a second article, the decision of the competition authority is examined through an empirical analysis of the determinants of the opinions of the French Competition Council on mergers. The second part of this thesis deals with a regulation question: how restrictions on free entry are valued by the actors on the market, because of the anticipated profits. The determinants of this value are then estimated. This question is addressed in two situations: first, the value of the so called “digital dividend”, which corresponds to the spectrum released by the extinction of analogue broadcasting of television, then the value of a taxi license. The elasticity of the licence value to the number of granted licenses is estimated
Hoberdon, Nicolas. "Droit de la concurrence et régulation sectorielle : recherche sur un ensemble juridique cohérent." Paris 9, 2010. https://portail.bu.dauphine.fr/fileviewer/index.php?doc=2010PA090042.
Full textSée, Arnaud. "La régulation du marché en droit administratif : étude critique." Strasbourg, 2010. http://www.theses.fr/2010STRA4032.
Full textThe notion of “market regulation” is the subject of recurring questioning of the law doctrine in the last few years. Its shy emergence in the positive administrative law contrasts sharply with the importance of the doctrinal speech produced on this theme. It is moreover the interest granted to these relations that is the main topic of this thesis. The notion of market regulation is above all a notion of the speech on the law, a descriptive notion. But, beyond that, does it really constitute a notion of the speech of the law, that is to say, a legal notion of the positive administrative law ?This thesis has given a negative answer to that question and has demonstrated that the market regulation does not come from the prescriptive speech, but from the descriptive speech. To come to this conclusion, this study has demonstrated that the market regulation did not constitute a legal category of the administrative law. This notion does not designate a specific object in administrative law, and leads back to a traditional role of the public authorities, without being performed by specific authorities or specific prerogatives. It does not set the implementation of a specific legal regime. The notion of market regulation is so “in the antechamber” of the positive law and there is little chance that it might constitute a notion of the administrative law. Nevertheless, it remains a notion of the administrative law doctrine, that is to say, a notion of the speech on the administrative law
Fravalo, Anne. "La régulation juridique dans le domaine économique." Paris 12, 2003. http://www.theses.fr/2003PA122001.
Full textLiberalism affirmation over the last twenty years has brought about, in France, a significant withdrawal of the state in the economical sphere, and a profound mutation of its interventions in this field. The research of new and more flexible intervention process, more respectfull of economic players' rights, led to the emergence of new instruments, called "régulation", and quite inspired by the common law systems of "independant regulatory agencies" and "quangos". Studying the legal regulation in the economical field leads to wonder what regulation is precisely, and, moreover, what are its connections with the french notions of law-making. Lastly, it appears that, in the economical field, regulation shows peculiar structure and legal scheme. While independant regulation authorities trend to become institutional models, their relations with the executive and legislative powers, as well as with jurisdictional institutions, reveal a legal articulation which can be considered as specific
Gaudin, Germain. "Régulation et politique de la concurrence dans le secteur des TIC : essais d'économie industrielle." Thesis, Paris, ENST, 2013. http://www.theses.fr/2013ENST0024/document.
Full textThis thesis approaches several distinctive features of regulation and competition policy in the Information and Communications Technology (ICT) sector. It tackles some issues in ex-ante regulation on investment in new fixed telecommunications network infrastructures, and the application of margin squeeze tests by European regulatory authorities in the telecommunications industry. It also analyzes issues related to ex-post competition policy, such as the impact of bundling products with switching costs, or the competition authorities' investigations in the electronic book market. Further analysis on the impact of ex-ante regulation on ex-post competition policy is provided, in particular via studies on the definition of a margin squeeze conduct in network industries, and how competition authorities deal with it. Finally, this thesis evaluates several advantages and weaknesses of both ex-ante regulatory authorities' and ex-post competition authorities' interventions
Andriamizaka, Alain Lala. "Théorie de la concurrence en P. V. D. : de la réglementation à la régulation." Nice, 1992. http://www.theses.fr/1992NICE0023.
Full textBecause of their traditions and way of life, LDC's have a non-competitive vision of the economy. That is the origin (not the consequence) of their interventionist policies. So deregulation would not be relevant to stabilize the market processes there. In fact, there is an evolution of economic from "lateral" competition to "frontal" competition (crowding-out aims), and law has to be adapted to each step. But even so, stabilisation policies know many functional failures in LDC's
Bourguignon, Hélène. "Service universel et concurrence, une analyse des effets stratégiques de contraintes politiques." Paris 1, 2005. http://www.theses.fr/2005PA010042.
Full textRey, Vanessa Christine Elisabeth. "La régulation des conflits économiques et commerciaux transatlantiques." Strasbourg 3, 2005. http://www.theses.fr/2005STR30021.
Full textToday's Europe is partly the result of the American foreign policy. Even if they have always supported the European integration, its empowerment has contributed to create a certain unease between both parties. The first part of the composition, called " a worsen support to export ", has been divided in two titles, the first one of them directly related to the production and the other to a set of laws meant to promote it. This second title is underlined the European attempt, by raising certain questions about imports and/or exports, to cope with American assaults. The second part of the composition deals with transatlantic political discrepancies concerning environmental and defence policy questions, as well as the American attempts to protect their leadership in the research field. Considering the attraction caused by the quick development of China and India, the European Union must strive to assert itself against the US because if it didn't it could be condemned to play only a minimal role in international affairs
Vuong, Hung Cuong. "Concurrence et régulation en présence d'asymétries : le cas de la terminaison appel mobile en Europe." Paris 2, 2009. http://www.theses.fr/2009PA020053.
Full textBertolin, Aline. "La régulation préventive des marchés : Etude comparée des systèmes juridiques propres aux économies émergentes d’Amérique du sud et aux modèles français et anglo-américain en matière de régulation économique." Thesis, Paris 1, 2015. http://www.theses.fr/2015PA010319.
Full textRegulation, as a State or government normative intervention over markets, from general competlt10n, to specific social and economic sectors, has, due to its essence, two arms, preventive and repressive. Such function, due to the multi-semantic use of the term in different legal systems and in diverse scientific milieus, is, nevertheless, a very pliable objet for legal analysis. As we conceive the regulation legal semantic problematic as a dichotomy opposing two types of norms within legal systems: normative or performative norms vs substantive or operational norms, we can distinguish, notwithstanding, amidst this amalgam called regulation, superior regulatory norms, or fundamental positive regulatory law, forming the canvas for the regulatory system, i.e., its principles, its goals, and its "protected interests", but most importantly, creating obligations, or salien, not only to firms and citizens, but to regulators and to States, based on the nature and interest of the object regulated. This approach also makes it possible to envisage operational regulatory norms, or proceduralizing regulation, for regulatory law also is also defined by its own institutions, its procedures, its enforcement, its scope and jurisdiction, thus its substance, from an inductive reasoning. Legal systems concerning emerging economies of South America, more precisely, Argentina, Chile and Brazil, owing a great deal to their quality of hybrid systems, mixing American and French influence in their unique Administrative law order, were successful not only in surviving, but thriving, from what some scholars call legal transplants, performed during the Regulatory Reform. In this quality, they are a very informative case for transdisciplinary studies in Law and Development aiming to define regulation for its main feature: prevention and operationalization of economic fundamental rights
Parola, Emmanuelle. "La régulation des éco-organismes pour une meilleure protection de l'environnement." Thesis, Paris 8, 2017. http://www.theses.fr/2017PA080119.
Full textIn response to public health and environmental protection challenges related to waste management and in the context of increasing scarcity of raw materials, the creation of the concept of Extended Producer Responsibility (REP) has structured the implementation of the "polluter-pays" principle. At the heart of this system, a leading role has been given to eco-organizations which has driven the development of the circular economy.The difficulty to understand their legal form lies in the absence of a common status and in their singularity as private not-for profit companies involved in the exercise of a public service mission.Given the difficulty of reconciling economic and environmental objectives in the waste industry, a system of regulation of eco-organizations is essential.A lack of regulation could accentuate the risk of conflicts of interest. Such conflicts would negatively limit the research and development policy in the waste recovery industry. They could also slow down the eco-design policy for waste-generating industries. Moreover, such a failure could lead to an exacerbation of competitive risks, reinforcing the power of structuring and influence of eco-organizations.The purpose of this study is to propose legal improvements in the structure and functioning of eco-organizations in order to limit these risks : a new definition of these structures through administrative law, mobilization of company law to reinforce the consideration of the general interest, creation of a regulatory authority and the clarification of the responsibilities incurred
Ngom, Mbissane. "Droit et intégration économique dans l'espace UEMOA : le cas de la régulation juridique de la concurrence." Nantes, 2007. http://www.theses.fr/2007NANT4008.
Full textThe analysis of the relevance and the coherence of the regulatory instruments of competition in West African Economic and Monetary Union makes it possible to highlight tensions between law and economy within the framework of an economic integration. The regulation must be a response to these tensions by ensuring a balance between the commercial values to submit to a competing logic basing on the research of the economic effectiveness and the noncommercial values to protect. This regulation is based on the ediction of a community antitrust law whose substance relates to the prohibition of the unfair trading practices of the companies and the authorities. UEMOA Commission and the state's jurisdictions of the member States are entrusted to enforce this law. This study, while being based on the analysis of the substantial law and the rules of litigation in UEMOA, emphasizes the difficulties of working out and implementing a regulation of the economic competition adapted in a context of poverty
Van, Cauwelaert Fabrice. "La liberté des opérateurs sur le marché : étude de droit de la concurrence." Paris 1, 2006. http://www.theses.fr/2006PA010281.
Full textDajkovic, Irena. "L'influence du droit communautaire sur la régulation publique de la concurrence dans les pays d'Europe de l'Est." Nantes, 2006. http://www.theses.fr/2006NANT4001.
Full textThe introduction of the market economy in Eastern Europe produced important dilemmas for public actors within the region: to introduce freedom of competition, is it sufficient to rely upon the market or, on the contrary, is it necessary to adopt competition laws? If the adoption of such laws is chosen, then what should be its content and what should be the mechanism of its application? The region responded almost unanimously to the first question: the majority of countries have introduced competition policies, and subsequently, competition laws. With regard to the content of these laws, a clear similarity between countries of the region can be observed in that the majority of these laws are influenced by Community law. The countries which resisted the Community law influence are those which, though legally committed to the EU to approximate their national law with Community law, are not concerned by accession to the EU – i. E. , countries which are not part of a promising economic and political commitment. While this study analyses the mechanics of that influence and the tendencies identified in the region in the competition area, this mechanics and these tendencies could also be of interest to those countries in transition which are sensitive to community interests and are searching for solutions regarding issues arising in public regulatory systems of competition. An additional question is, what purpose it serves to adopt competition rules if inadequate institutions can annihilate the benefits of the application of those rules? From a prospective point of view, the study suggests certain steps – others still need to be identified – to overcome that pragmatic problem
Yongoua, Tchikanda Gaelle Tatiana. "Structure des banques, concurrence et stabilité financière." Thesis, Paris 10, 2017. http://www.theses.fr/2017PA100140/document.
Full textThe global financial crisis that peaked in 2008 showed that the European banking sector, in particular, is dominated by banks “too big to fail”, “too complex to fail”, but also “too connected to fail”. Due to their systemic status, they benefit from cheaper funding costs leading to competitive distortions, and also raise issues of moral hazard regarding their incentives to grow in size. Against this backdrop, the aim of this thesis is to examine how distortions in the market structure, the structure of banks, and the issues of risk-pricing they induce affect the financial stability. It is articulated around four chapters. In the first chapter, we show that an increase in the probability of individual default raises banks' contribution to systemic risk. In the second chapter, we demonstrate that implicit subsidies have the potential to mitigate and beyond a certain threshold, reverse the systemic-risk reducing effect of increased competition. Nevertheless, in the third Chapter, we establish that implicit subsidies have the ability to distort and beyond a certain threshold, reverse the individual-risk increasing effect of heightened competition. Together, these results support the consensus that individual risk and systemic risk generated by banks have two distinct dimensions. In the fourth chapter, we show that “large” global systemically important institutions (G-SIIs) benefiting from implicit subsidies contribute more to systemic risk when they become more dependent on short-term wholesale funding
Shutova, Natalia. "Monopole naturel, marchés bifaces, différenciation tarifaire : trois essais sur la régulation de télécommunications." Thesis, Paris 2, 2013. http://www.theses.fr/2013PA020031/document.
Full textThe thesis focuses on the economics of the telecommunications industry and on its regulation. The first part is dedicated to the deployment of the fixed network of the optical fibre. The study of different regulation methods allows to compare the approaches in terms of the speed and efficiency of deployment as well as the consumers’ welfare. We construct a technico-economic model of the fibre access network in France in order to compare the results of different regulation approaches in quantitative terms. The second part applies the theory of two-sided markets to the field of electronic communications. It deals with the issue of competition regulation on two-sided markets and shows in what way their treatment should be specific, based on theoretic results and case studies. A model of price discrimination on two-sided markets is proposed that reveals the factors determining favourable or unfavourable impact of discrimination. The third part studies the impact ofthe price differentiation depending on the call destination on the mobile communications market. A theoretic model is constructed and then calibrated based on the example of the French market in 2003. It is shown that the all-net reduction of the tariffs towards all the networks and by all the operators is more beneficial for consumers than the on-net reduction of the intra-network tariffs
Malet-Vigneaux, Julie. "L'intégration du droit de l'environnement dans le droit de la concurrence." Thesis, Nice, 2014. http://www.theses.fr/2014NICE0017.
Full textIf the integration of environmental requirements is written in legal documents and in part in reality, the relation between environmental law and competition law remains problematic. Indeed, the values that environmental law seeks to protect are mainly outside of the scope of the markets. The principle of integration, if formally recognized, is not well known and suffers a lack of legal characterization. A substantial integration of law and policies of environmental law in competition law seems thus impossible. The purpose of this study is to analyze and highlight the limitations of the current situation, by studying and comparing the different concepts and categories present in those two fields. It is then possible to apprehend the evolutions that are taking place, as well as the conditions that could make effective a regulation of the markets that would take in consideration the issues of environmental law. A solution would be to elevate the interest of environmental law and see the emregence of an ecological public order. Such integration would give a central role to the judges in order to conceal the interests at stake. Another less traditional way would be the monetization of the environment
Bocquet, François. "Médicaments biosimilaires : quels enjeux économiques et politiques ?" Thesis, Paris 9, 2014. http://www.theses.fr/2014PA090038.
Full textAfter generics, which are copies of chemical medicines, "copies" of already patented biologics (biosimilars) are entering the biologics market and competing with their originators. Many uncertainties remain regarding the development of this newly emerging market, and the ability of biosimilars to compete with other innovative biologics. As in the case of generics, the objective with biosimilars is to ensure optimal and equitable patient access to treatment as effective and safe to use as their originators, but at significantly lower costs. Following the analysis of the first experiences with these products in the European Union and Japan, we have noted the limits of existing policies to encourage their use as well as noting pitfalls in the development of this market. To remedy these problems, we make recommendations for the construction of an ambitious and coherent policy for biosimilars in France
Bréville, Sébastien. "Autorité indépendante et gouvernement : la régulation bicéphale du marché français des télécommunications." Paris 1, 2006. https://tel.archives-ouvertes.fr/tel-00145735.
Full textMint, Beddy Mariem. "Régulation des télécommunications et environnement institutionnel : le cas des pays en développement." Thesis, Nancy 2, 2007. http://www.theses.fr/2007NAN20006.
Full textRecent developments in the organisation of telecommunications, especially concerning regulatory frameworks, raise some questions. The first one concerns what regulatory model would be able to sustain competition, favoured by the rapid technological progress, and attract private investment. The second one concerns the implementation of regulation in developing countries, characterized by a weak institutional environment. We intend to clarify this controversy issues. Using a transaction costs framework, we conclude for the need of an independent regulation. We also emphasize the importance of the establishment of such regulation in developing countries. This is corroborated by an empirical research. Beyond a qualitative analysis on the cases of some developing countries, the effectiveness of regulation is analysed through econometric studies. Using a dataset of 19 OCDE countries during 1992-2001, our results reveal the efficiency of an independent regulation to the development of telecommunications. The beneficial impacts of this regulation's model appear on the competition, investment, telephonic penetration and pricing
Begasse, De Dahem Pauline. "La concurrence des normativités: le cas des régulations bancaires." Doctoral thesis, Universite Libre de Bruxelles, 2017. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/258430.
Full textDoctorat en Sciences juridiques
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Cantillon, Guillaume. "Concurrence et objectifs de politiques publiques en droit des marchés publics : le droit des marchés publics et la régulation." Thesis, Paris 1, 2015. http://www.theses.fr/2015PA010279.
Full textWith the adoption of the new EU Public Procurement Directives there ends a cycle of about fifteen years which have seen the competitive objective assigned to the procurement contracts law being both strengthened by the competition principle and completed by public policies objectives. Doubly instrumentalized by these two series of objectives, procurement contracts have become one of the public authorities' tools for establishing an optimal balance between competition and social or environmental objectives in the economy. A balance that the market is not itself able to produce. It follows that the deregulating public service theory is strongly discussed there. The public sector bas not disappeared for the benefit of the private market but follows new paths in order to foster a balance between competition and other objectives of general interest. And finally, finding this balance is a political issue. That is why, if the the coming together of competition and public policies in procurement contracts needs the buyers and the judge the use of economic tools rooted in competition law, it also and maybe principally calls for a new public procurement contracts govemance in order to defi.ne a public procurement policy
Charissoux, Fabien. "La pertinence du marché pharmaceutique : contribution à l'étude juridique de la rencontre entre médicament et concurrence." Thesis, Montpellier 1, 2013. http://www.theses.fr/2013MON10029.
Full textThe definition of the relevant market aims at identifying the competitive constraints that an undertaking faces and, thus, defines the scope of competition law enforcement. Given the antagonisms that characterise the pharmaceutical sector, defining the relevant market in this industry seems to disqualify the classic methodology and points out the tensions between law and economy. The interaction of an irrational demand - one which is insensitive to the expenditures and that doesn't define its needs on its own - with an offer naturally monopolistic, makes the involvement of the State in the market mechanisms strictly necessary to ensure its equilibrium. This thesis demonstrates how the conventional tools used to define relevant product markets remain operational inspite of the idiosyncrasies of the pharmaceutical sector
Zarate, Pérez Anibal Rafael. "L'indépendance des autorités de concurrence, analyse comparative, Colombie, France, Etats-Unis." Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020031/document.
Full textAlthough Competition Agencies‘ independence is commonly explained through the necessity of objective expert decision-making, such necessity is not sufficient to legitimize their isolation from the government. Absent of democratic foundations and in apparent contradiction with the principle of Separation of Powers, "Independent" Competition Agencies attain their legitimacy from the conjunction of multiple institutional guarantees, control mechanisms and procedures, none of which may overshadow the others. Any effort to determine the role that the idea of independence plays in the institutional design of Colombian competition agencies requires an examination of these guarantees and mechanisms, as well as a comparison of their status to that of French and American agencies; whose institutional arrangement has influenced the constitution of Colombian authorities. Whilst the components of the independence vary in every analyzed jurisdiction (as there is not a unique institutional scheme of ―Independent‖ Agency), this study reveals that certain institutional guarantees recognized to agencies in France and in the United States, which grant them vast discretionary decision-making power, are not present in the specific case of Colombian agencies. Assuring a higher level of independence for Colombian competition authorities, by conferring them some of these guarantees, lean on a simultaneous effort to reinforce control mechanisms, procedures and instruments for citizen participation in the regulatory process. The construction of the independence of Competition Agencies – in both its organizational and functional dimensions – commands the design of institutional constraints. Maintaining a balance over these constraints to agency discretion not only constitutes a source of legitimacy, but equally becomes an effective means to safeguard their independence from external factors
Delzangles, Hubert. "L'indépendance des autorités de régulation sectorielles : communications électroniques, énergie et postes." Bordeaux 4, 2008. http://www.theses.fr/2008BOR40016.
Full textThe independent regulatory authorities are now part of the institutional lanscape of the Member States, but their independence is the subject of permanent questioning. Why are they independent ? Are they really ? Will they remain so in an environment of interdependence ? The domains of electronic communications, energy and the post provide specific answers to these questions. The independence of the sector-based regulatory authorities is justified by the principle of impartiality of the regulator imposed in Community law. The Member States which intervene in these sectors through their incumbent local exchange carriers must entrust the regulatory functions to independence authorities. But Community law does not sufficiently specify the means of organizing their independence. As a consequence, the regulatory authorities created in Germany, Spain, France, Italy and the United Kingdom have only a relative independence. A greater organic independence and the reorganization of their functional independence are proposed to correct this. The independent nature of regulatory authorities must also be evaluated vis-à-vis the context of Europeanization of these public utilities in the competitive environment. The interpenetration of the markets has led the Community institutions to impose means of co-operation, even network coordination of the independent regulatory authorities. The resulting interdependence is not without generating new violations of the initial requirement of independence
Jaune, Renaud. "Le droit et la régulation des prix de transfert." Thesis, Paris 1, 2018. http://www.theses.fr/2018PA01D076/document.
Full textThis doctoral thesis deals with the tax aspects of transfer pricing. ln the context of a globalized economy where the transfer pricing policies and legislations are at stake, it raises the question whether proper instruments of regulation can be set, and if the law is the adequate tool to that end.Indeed, numerous people consider that the major disorders in the regulation of transfer pricing stem from the Arm's Length Principle itself, due to its lack of economic precision and the absence of a global authority against harmful tax competition.To address the issue, we assume that there is more to the Ann's Length Principle than its common definition. Indeed, we show that it can be considered as part of a universal law aimed at neutralizing the effects of the tax differences in the international economic exchange. Such an assumption provides for a criterium to assess the quality of national legislations as well as the relevance of the groups' transfer pricing policies.By analyzing the French legislation and case law, we show that a thorough implementation of the Ann's Length Principle implies not only to copy article 9 § 1 the convention models, but more generally to capture its content and essence by setting the conditions for a proper cooperation between actors. We also explain the relationship between the lacks in the regulation of transfer pricing and the process of setting new rules that takes place around the world, describing the rationale of the BEPS plan and of the various limitations and compliance obligations that Governments impose to the taxpayers. Lastly, we show that building a national legislation with reference to the universal Ann's Length Principle implies a true partnership between the Government and all stakeholders, paving the way to a new manner of debating the law
Kaloudas, Christos. "Les actes administratifs unilatéraux de régulation." Thesis, Paris 2, 2016. http://www.theses.fr/2016PA020057.
Full textRegardless of the fact that sectoral regulation is usually associated with the emergence of new forms of normativity, unilateral administrative acts have a prominent place among its various instruments. Conceived of as a special mission of the Administration whose main objective is the protection of public economic order, sectoral regulation is indeed normally exercised through unilateral administrative acts. There are four types of unilateral administrative acts that serve as instruments to sectoral regulation: decisions authorising access to the market, regulatory acts that set the conditions for competition in the market, dispute resolution decisions and decisions imposing sanctions. Regulating through unilateral administrative acts serves various objectives leading to a unique regime. Studying the latter confirms the specificity of these acts, a specificity that is evident throughout their life cycle. Adopted by independent administrative authorities, these acts can be submitted to public consultation, attributed to the operators on the basis of a competitive tender or transferred from one beneficiary to another. The evolution of their regime raises the question of their relationship with soft law: the distinction between the two instruments can at times be difficult both for the operators and the judge at the expense of legal security. The Administrative Judge plays a central role in the mecanism of sectoral regulation. Confronted with a two-geared normative mechanism and with the obligations that derive from sectoral regulation, his control methods are destined to evolve and his role as a regulatory judge is progressively refined
Trabelsi, Sarah. "La libéralisation du marché énergétique européen et la nouvelle problématique gazière." Paris 9, 2011. https://portail.bu.dauphine.fr/fileviewer/index.php?doc=2011PA090070.
Full textLécou, Sébastien. "Missions de service public et régulation en environnement concurrentiel : application au secteur postal." Paris 1, 2007. https://tel.archives-ouvertes.fr/tel-00187041.
Full textSchutz, Nicolas. "Quatre essais en organisation industrielle et commerce international." Paris, EHESS, 2009. http://www.theses.fr/2009EHES0126.
Full textIn the first part of this dissertation I analyse upstream competition between integrated firms. I show that there can exist equilibria, in which one of the integrated firms supplies the upstream market at its monopoly upstream price, while its integrated rivais choose rationally to stay out of the market. These equilibria degrade both consumers' surplus and social welfare. They exist when final products are sufficiently close substitutes, or when firms compete in two-part tariffs on the upstream market. I propose several regulatory tools: I show that an upstream price cap, the vertical separation of an integrated firm, or the entry of an unintegrated upstream competitor can restore the competitiveness of the upstream market. This model can be applied to the analysis of wholesale markets in the telecommunications industry, and sheds some light on the recent merger wave which took place in the digital maps sector. The second part of the dissertation investigates the impact of the presence of trade unions in a sector on a country's exports, and on firms' location decisions. On this issue, the conventional wisdom seems to be the following: unions degrade firms' competitiveness, and a country's attractiveness to capital. I show that this reasoning does not necessarily hold for two reasons. First, this is an absolute advantage reasoning, not a comparative advantage one. Second, trade unions can increase their country's aggregate demand, and hence its attractiveness
Blottin, Benoît. "Le rôle des autorités de concurrence et des autorités de régulation sectorielle dans la surveillance de la libéralisation des marchés de l'énergie." Thesis, Paris 2, 2015. http://www.theses.fr/2015PA020085.
Full textThe opening to competition of the markets in gas and electricity has hardly produced the desired impact. To a large extent, the directives flowing from the third package have been transposed amongst the Member States. However, the effective implementation of a European energy is still facing several challenges ahead. With this nebulous background, supervision has become all-seeing, Argus-like. In fact, while competitions authorities and sectoral regulators are significantly stepping up theirs efforts so as to push forward the liberalization process towards the swift completion of the internal energy market, they seem, at times, to work against the grain of their original assignment. On the one hand, competition authorities appear to be increasingly willing to act as « builders » for the energy markets as they tackle market structures rather than harmful behaviours. Conversely, sectoral regulators, with their ever-strengthening powers, are more and more incited to track down and take sanctions against barriers to competition. Such bicephalous management has resulted in a confusion of roles which has not been alleviated by the « bridges »built between both types of regulators. At any rate, in the face of such a tangled web of competences, operators find themselves in markets that are not very conducive to competition and in a regulatory framework which is both volatile and complex, thereby paralysing the investments required to render such markets more dynamic. The system as it stands may still be improved and many would like to see it clarified. Although the prospect is not very realistic, some commentators have called for the merger of authorities. It appears nonetheless that reworking the supervision framework with a view to strengthening inter-regulation but also implementing actual European regulations is a route that has not yet been sufficiently explored
Limardi, Michela. "Politiques commerciales, gouvernement et régulation non-étatique des normes internationales du travail et de l'environnement." Paris 1, 2011. http://www.theses.fr/2011PA010033.
Full textGuenod, Christian. "Théorie juridique et économique du régulateur sectoriel : modèles communautaires et français dans les secteurs des communications électroniques et de l'énergie." Paris 9, 2009. https://portail.bu.dauphine.fr/fileviewer/index.php?doc=2009PA090063.
Full textThe opening of the network sectors, telecommunication and energy, to competition with the concomitant disintegration of monopolies, resulted in the definition, initiated by community law, of sector-based mechanisms of regulation under the responsibility of independent authorities. These authorities are to be independent of public as well as private interests. They are to establish the conditions for fair competition between operators and the protection of consumers, dependant on the proper functioning of those sectors. The regulators combine therefore competitive and non-competitive objectives. In preserving the major sectorial equilibria, authorities act as Walrasian market authorities, ensuring the maximization of productive and allocative efficiency, intervening both in market structures and transaction rules. In striking a balance between efficiency and legality, they thus participate in the evolution of a rejuvenated economic public order, and may lead to the emergence of a regulatory state
Carbonnaux, Camille. "Les figures juridiques de la concurrence en droit de l'union Européenne : étude autour de la notion de loyauté de la concurrence." Thesis, Lille 2, 2013. http://www.theses.fr/2013LIL20013.
Full textThe existence of various rules regarding competition could lead to a lack of coherence andintelligibility of the European system of competition. As a matter of fact, the latter channels a part of the criticisms relating to the decline of law. However, the study of its numerous legal translations results in a very different conclusion. Behind an apparent disorder, the European approach to competition shows profound coherence. In each legal aspects of competition, a common objective officiates as a standard. It is the fair competition. The latter intervenes in all European competition regulations as a notion around which revolve a set of solutions coherent by their finality and content.Coherent by their finality, firstly, because all the legal translations of the competitive order address fair competition as a way to protect competition and, more generally, public interest.Coherent by their content, secondly, because each legal aspects of competition ensures faircompetition by preserving the equality of opportunity between competitors.De facto, the observation of the transversality and homogeneity of the treatment of fair competition reveals that the objective has been, until now, widely underestimated. This sidelining is regrettable because, on the grounds of its axiological neutrality, introducing it into the different debates relating to the European approach to competition offers real solutions in terms of the homogenization of the notion of competition and better integration of the legal aspects of competition
Sourligas, Georgios. "L'emprise du droit communautaire sur l'ouverture à la concurrence des entreprises de service public : le cas de l'électricité." Nice, 2004. http://www.theses.fr/2004NICE0017.
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