Can market access be taken seriously?
(2012) Revue européenne de droit de la consommation — Vol. 2012, n° 2, p. 323-342 (2012)
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- Abstract
- This article asks what is needed to establish hindrance to market access to the requisite legal standard. In this regard, a striking feature of the case law is that the Court has developed many techniques which help circumvent this issue. Section 1 reviews them, taking examples from free movement of goods cases only, although it seems that the argument could translate to other freedoms. Despite the flourish of evidence-avoiding techniques developed by the Court, I argue that if market access is to be taken seriously as a legal criterion – and not only as a goal or as a justification – evidentiary issues will have to be dealt with. In order to determine how an impediment to market access would need to be proven in difficult cases, it would be useful to be able to rely on an analytical framework. Yet, legal scholars have so far only been in a position to acknowledge that there was none. Section 2 examines whether economics and/or behavioural sciences could become sources of inspiration to develop one.
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Citations
Sibony, A.-L. (2012). Can market access be taken seriously? Revue européenne de droit de la consommation, 2012(2), 323-342. (Original work published 2012)