CONFERENCES: EU DAMAGES DIRECTIVE - IMPLEMENTATION - PRIVATE ACTION

II. Private damages actions before and after the implementation of the Directive (Implementation of the EU Damages Directive into Member State law - Würzburg, May 5, 2017)

The majority of Member States have implemented the European Directive on Private Damages Actions for Breach of Competition Law, into their respective law, albeit with some delay. In particular, England, Germany, and the Netherlands, but also France and Italy have faced a certain number of private damages actions well before the implementation of the new regime. Partly the national rules and legal innovations have inspired the European legislator.

OverviewI. France Laurence Idot Professor, University of Paris II (Panthéon-Assas) Member of the College, French Competition Authority 1. In France, the work for the transposition of the Directive began in the first term of 2016. Due to constitutional reasons, some parts of the Directive should be transposed through a law, but the government decided not to go before the Parliament and to adopt an ordinance. The process was achieved on March 9, 2017, with the adoption of the Ordinance No. 2017-303, which has been completed by a decree. The new texts entered into force on March 10, 2017, without retroactive application, except for the provisions dealing with access to evidence. 2. Several remarks can be made on the drafting process. First, in France, texts in competition matters are

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Laurence Idot, Florian Wagner-von Papp, Florian Bien, Cristoforo Osti, Frank Kroes, II. Private damages actions before and after the implementation of the Directive (Implementation of the EU Damages Directive into Member State law - Würzburg, May 5, 2017), September 2017, Concurrences Review N° 3-2017, Art. N° 84668, www.concurrences.com

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