Construction d'une gouvernance pro-concurrentielle en Nouvelle-Calédonie : Modernisation du droit économique et création progressive d'un droit de la concurrence

During the second half of the 20th century, Caledonian economic law was embodied in a regulatory interventionism resulting mainly in broad price control with no reference to any measure usually taken in view of promoting competitive market mechanisms. The early 2000s constitute the beginning of a renewal with the establishment of a general pricing principle and the clear introduction in Caledonian law of the prohibition of trade agreements as well as abuse of dominance. However, despite a considerable legal breakthrough, the terms of October 6th, 2004 deliberation are still strongly influenced by concepts of law pertaining more to commercial or consumption law than to a real competition law. Above all, on the one hand the decade following the legislation has been riddled with reintroductions of tariff controls, thus annihilating potential benefits of price deregulation while, on the other hand, no real action was taken to repress anti-competitive behaviours. Ironically, such inefficiencies have most probably fueled the wish for more radical modifications of Caledonian law and progressively led to the introduction in 2013 of a real local competition law.