Studying the law means understanding the words and concepts that underlie it. How could it be otherwise when then those who create, develop or practice the law use words to design rules and express their thoughts about them.
It matters, therefore, that our legal words and concepts should be clear and easily understandable.
All the more so as the creation of the language of the law is not a linear process. It is rather a continuous one involving numerous different actors, in different places, through different instruments. It is also heavily dependent on how a certain field of law has developed over the course of the years.
In this respect, the development of competition law (and, therefore, of its language) is, in many ways, unique.
Competition law is characterized by a relatively small body of rules that has been written directly by the legislator. Its development has, therefore, always relied on the joint effort of the other “actors” involved: the judges through their judgments, the enforcers through their decisions and guidelines, and the practitioners, academics and commentators though their articles and other contributions. Moreover, competition law is also a field that is intertwined with economic analysis, with the consequence that also the work of economic scholars contributes to the creation of its language.
This multifaceted process had – and has – the benefit of allowing all actors to participate in the development of a common vocabulary, something that hardly happens when it mainly fell on the legislator. It is clear, however, that it also has its challenges, and can lead to confusion on the meaning and use of certain words and concepts.
To untrained eyes, the language of competition law can seem at times complicated, difficult to understand or even confusing. Just think about the notion of “control” under competition law, which is in many aspects different from the one used in all other fields of the law, or the definition of “online platform” which is rapidly evolving due to the work of the legislator and lawyers. It is no surprise that lawyers from other fields perceive competition law as one of the most complex!
In this context, the development of a Competition Law Dictionary by Concurrences is groundbreaking and necessary work.
In this Dictionary, written by some of the most experienced names in competition law, you will find clear definitions and explanations of the words through which the main concepts of competition law are expressed. This will be of immense help for all those approaching the study or the practice of competition law.
Moreover, by contributing to the effort of clarifying and systematising its language, the Dictionary will benefit greatly the general discussion about competition law and it is set to be a fundamental tool for all those who believe in the crucial role played by competition law in this ever-changing world.