The U.S. Supreme Court and the European Court of Justice: Contrasting Approaches to Competition Law

October 26, 2011Duke Law News

Professor Claude Mosseri-Marlio
American Business School, Paris
Wednesday, October 26, 2011
4:00 pm | Burdman Lounge
Duke Law School


Light refreshments will be served.  Free and open to the public.

Abstract


Both the United States and Europe have been forged and structured on the rule of law. Yet on competition questions - the Supreme Court in America, the Court of Justice in Europe - along with the adjacent administrative and judicial departments - have rendered diametrically opposed decisions. Why is this so?

The answer lies mainly in the origins, structure and contrasts of the two courts. In turn this explains their diverging focuses on cases decided on both sides of the Atlantic. That background precisely suggests ways for future reductions of past turbulences.

Mosséri-Marlio is a professor of European law and the European Court of Justice at the American Busines School in Paris and visiting lecturer at the Tyumen University in Siberia.