LEGAL PRACTICE: ACTION FOR DAMAGES - PRIVATE ENFORCEMENT - FOLLOW-ON / STAND-ALONE LITIGATION

Anticompetitive practices private enforcement in France (May 2016 – December 2016)

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 the case of stand-alone litigation, the main legal issues before the courts seem, in fact, simpler. It appears easier thus for claimants to prevail.

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. 1. The news of the last few months is obviously marked by the transposition of Directive 2014/104 by the Order and Decree of 9 March 2017 inserted in a brand new Title VIII of Book IV of the Commercial Code. We had already reported on the preliminary drafts of these two texts in the previous issue of this column. Their general economy has not been disrupted by the changes they have undergone, but some important changes are worth noting. The new Title VIII of Book IV will be examined in a study under the heading "Article" in this issue. This column will, as usual, be devoted exclusively to the presentation of a selection of court decisions for the chosen

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  • Université Caen Normandie

Quotation

Rafael P. Amaro, Anticompetitive practices private enforcement in France (May 2016 – December 2016), May 2017, Concurrences N° 2-2017, Art. N° 83751, pp. 217-230

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