Private action has a regulatory function, which has been emphasised for a very long time, and is a necessary complement to public action in achieving competition policy objectives. The law on anti-competitive practices gives companies subjective rights which they must be able to defend. Faced with the obstacles posed by this specific litigation, above all in terms of proof and assessment of damage, an adaptation of the law of liability seemed indispensable. This is the purpose of the directive and of the transposition texts, which must harmonise and make more flexible the conditions for compensation of victims by the national courts.
In order to apply these complex rules properly and to attract businesses wishing to obtain compensation, magistrates will have to acquire robust expertise.