TRENDS : ANTITRUST AND CONSUMERS CLASS ACTION - REFORM - PROPOSALS- RELUCTANCE - PROCEDURAL WAYS - US ANTITRUST CLASS ACTION

Towards French antitrust class action ?

Introducing antitrust and consumers class action has been debatted since more than 20 years in France. This set of 6 articles from various authors suggest that 2008 may well be the right time. The State Secretary in charge of Industry and Consumers takes side in favour of such a reform. Although the MEDEF legal counsel shows her strong reluctance to do so, the President of the consumers association CLCV is strongly in favour of the proposal. An academic author brings some economic point of view whereas an other academic author underlines the various procedural ways to deal with the proposal. Finally, 3 US lawyers describe in details how the US legal system deals with class actions. This set of contributions has been organised by Professor Emmanuel Combe ; he briefly introduces these papers by a short summary.

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. 1. Group action in France: this is a subject that has regularly been on the political agenda in our country for more than 20 years now... without it having succeeded so far in going beyond a simple project. However, 2008 could mark a breakthrough in this area, driven by a new political context. Indeed, although group action does not meet with unanimous approval, it must be noted that it now enjoys broad support, which goes beyond the usual political divisions. The current President of the Republic has also made it a theme of his programme, while the Attali Commission, the Coulon report and the Competition Council have taken a clear stand in its favour. 2.

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Pierre Kirch, Emmanuel Combe, Luc Chatel, Véronique Magnier, Joelle Simon, Bruno Deffains, Joy Fuyuno, Kevin C. McCann, Reine-Claude Mader Saussaye, Towards French antitrust class action ?, May 2008, Concurrences N° 2-2008, Art. N° 16370, pp. 19-49

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