The Court of Appeal of Paris faces the difficult adequacy between efficiency of private enforcement and the principles of the French Civil Trial (JCB v. Central Parts)

In its decision dated 26 June 2013, the Court of Appeal of Paris considered that only the harm suffered because of anticompetitive practices implemented for a period of 10 years before they stopped could be compensated. By taking this ruling, it strictly applied the French procedural rules for actions in tort which are dramatically opposed to those set out in the new European Directive on private enforcement. Background On the 15th February 1996, Central Parts SA, a French company specialised in importing and selling construction and earthmoving machinery, lodged a complaint with the European Commission. Central Parts alleged that, since 1987, the JCB Group – a leading manufacturer of construction, farm and industrial handling equipment – had taken active steps to prevent Central

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Clément Hubert, Michael Vaz d'Almeida, The Court of Appeal of Paris faces the difficult adequacy between efficiency of private enforcement and the principles of the French Civil Trial (JCB v. Central Parts), 26 June 2013, e-Competitions Bulletin June 2013, Art. N° 66581

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