3rd Private Enforcement Conference : The current state of private enforcement in the EU and France

Annual Concurrences Paris conference with the support of the French National School for the Judiciary and of the Paris Court of Appeal.



Ms. Chantal ARENS (First President, Paris Court of Appeal) opened the colloquium by mentioning the first anniversary of the transposition of the Damages Directive, which aims to facilitate the proof of anti-competitive practices before the judge of compensation, by the order of 9 March 2017 inserting a Title VIII in Book IV of the Commercial Code. This deadline is an opportunity to take stock of private actions and to reflect on their future. The new rules at the European and national levels make it possible to stabilize the institutional framework for private actions and to make victim companies more aware of the means available to them. There has been a general educational effort: while a press release on the impact of additional costs is being prepared in Brussels, the Chancellery has distributed a circular and practical information sheets for businesses. Mrs Arens mentioned several objectives of the Paris Court of Appeal. A common reflection between the different chambers is desired, as well as an encouragement and development of the visibility of private actions. With regard to future prospects, Ms. Arens cited the recent creation of an international commercial chamber, which is intended to hear actions for compensation from international cartels, as well as the contribution of a working group of the Paris Court of Appeal to the future reform of civil liability.

Photos © Léo-Paul Ridet

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  • Audiencia Nacional (Madrid)
  • Orrick, Herrington & Sutcliffe (Paris)
  • University of Paris I Panthéon-Sorbonne
  • French Competition Authority (Paris)
  • Frontier Economics (Paris)
  • Magenta (Paris)
  • University of Aix-Marseille (Marseille)
  • DG COMP (Brussels)
  • Caen Normandie University
  • Commercial Court of Paris
  • Deloitte (Paris)
  • UK Competition Appeal Tribunal (London)
  • CDC Cartel Damage Claims (Brussels)
  • Jean Moulin University Lyon III
  • Paris Court of Appeal
  • Gide Loyrette Nouel (Paris)
  • University Paris-Panthéon-Assas
  • Université Toulouse 1 Capitole
  • French General Inspectorate of Finance (Paris)
  • French Cour de cassation (Paris)
  • Ministère de la Justice (Paris)