Rafael Amaro is Professor at the University of Caen Normandie (since 2019) after being Associate Professor at Descartes - Sorbonne Paris Cité (2013-2019). He teaches EU and French Competition Law, Human Rights, Civil Procedure and Tort Law. His researches focus mainly on the private enforcement of competition law and unfair commercial practices in B2B and B2C relationships. He is a member of the European network of legal experts Trans Europe Experts (TEE).
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The period reviewed in this chronicle confirms three key trends, already highlighted in our previous chronicles. Firstly, private enforcement litigation is diversifying. Secondly, private enforcement claims are more and more internationalizing in the course of claims raising questions of (...)
1462
This new period is less rich in “big” decisions than the previous one, which had no less than three judgments from the Court of Justice of the European Union, but it is marked by several atypical decisions that may announce a diversification of litigation. Recurring questions also continue to (...)
1445
This period is full of judgments from the Court of Justice of the European Union, which reveals, in hollow, some shortcomings of the 2014/104/EU Directive. In addition, the usual issues are front and centre: extinguishing prescription, problems related to the specialisation of internal (...)
1248
The commented decisions indicate the recurrent nature of procedural questions, especially those pertinent to national and international competence. Other decisions confirm the ever-growing litigation about compensation applying to the administrative court as well as the importance of the harm (...)
1749
The decisions commented in this article confirm the main features of the private enforcement of antitrust law in France. It is still a varied litigation between businesses. In follow-on litigations, claimants experience some recurring problems regarding prescription and passing on defence. In (...)
1293
The decisions commented in this article confirm the main features of the private enforcement of antitrust law in France. It involves mostly businesses. However, the cases brougth to French courts are less homogeneous than those of the previous periods. Concerning the legal issues dealt by (...)
1151
After a legislative process that lasted nearly twelve years, the epilogue has just been written: the directive 2014/104/EU is finally transposed into French law! The transposition provisions were inserted in a new Title VIII of Book IV of the Commercial Code. This title was created by the two (...)
1103
The decisions commented in this article confirm the main features of the private enforcement of antitrust law in France. It is still a varied litigation between businesses. In follow-on litigations, claimants experience some recurring problems regarding prescription and passing on defence. In (...)
1244
The most significant news in the past few months is the circulation in the very first days of September of two draft texts transposing Directive 2014/104/EU (an “ordonnance” and a “décret”). These drafts were provided for review by the department of the Minister of Justice in charge of civil matters (...)
782
In a judgment of the 7th of January 2011, the French Supreme Court (Cour de cassation) adopted a broad approach of the loyalty principle when applied to the administration of evidence in anti‐competitive practices trials before the French National Competition Authority (Autorité de la (...)
1117
For its first edition, this six-monthly review presents and comments a selection of decisions issued in 2015 by French courts, mostly lower courts, concerning tort litigation based on a breach to French and EU antitrust law. It appears that this litigation only involves business disputes for (...)
4450
The directive on actions for damages for infringements of the competition law has been published on 26 november 2014. This On Topic aims to show the principal issues that arise from the expected implementation of the directive on national laws. Presentation ---- Anne-Sophie Choné-Grimaldi (...)
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16th April 2014, The European Parliament adopted the Proposal for a Directive of 11th June 2013 on certain rules governing actions for damages for infringements of the competition law provisions (one of the private enforcement components). The text bodes for the long-awaited developement of (...)
1011
This paper adresses the question of interim measures proceedings in French courts. Litigation data indicate that interim measures provide the victims of cartels and abuse of dominance an interesting option to seek relief. In the cases reported, jurisdictions grant the plaintiffs injunctions to (...)
Price
85€00
La réparation des préjudices causés par les pratiques anticoncurrentielles - 2e ed.
This book collates and comments upon the leading decisions of the French courts in damages actions based on anticompetitive practices (cartels and abuses of a dominant position). It studies the (...)
Price
75€00
La réparation des préjudices causés par les pratiques anticoncurrentielles
This book collates and comments upon the leading decisions of the French courts in damages actions based on anticompetitive practices (cartels and abuses of a dominant position). It studies the (...)
Price
45€00
A quoi sert la concurrence ?
See the "avant-propos" of Laurence Idot, Frédéric Jenny et Nicolas Charbit the Foreword of Martine Béhar-Touchais The full list of contributors and the Table of Contents 100 contributions for the (...)
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