La définition du marché pertinent aux fins des droits marocain et européen de la concurrence: état des lieux et réflexion prospective
Keywords:
Concurrence, marché pertinen, monopole, droit de la régulation, jurisprudence prétorienneAbstract
The apprehension of the obstacle to market access presupposes, above
all, the adoption of an approach, which would see in any attack on equal
opportunities between companies, a restriction on the free play of competition,
within the meaning of competition policy as well as under the Moroccan and
European legal systems. This approach, which is likely to contribute to the
preservation of equality in competition or even the exhortation of the
dynamism of competition between the actors present on the market, remains
dependent on the interest that is shown in the definition of the relevant market.
The current study aims to provide a conceptualization of the legal criteria
favoring the organization of competitive flows within the market through the
use of the definition of the relevant market at the level of the Moroccan and
European legal systems. In order to achieve this purpose, it is necessary to put
forward a reflection displaying a totalizing aspect, such as to allow the
deployment of the need to define the relevant market, to gauge and glimpse its
essence, especially, at the yardstick of economic thought.
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