CONFERENCE: ANTITRUST DAMAGES ACTIONS - PARIS

French collective redress: A promising or a (too) limited path? (Antitrust damages actions in France and in Europe : Current situation and upcoming changements, Paris, 13 May 2014)

The Hamon law created the French collective redress. This collective redress has an attractive future, because: First, it will avoid the risk of prescription of private follow on actions. Second, when the competitive fault is established in the decision of the ANC, the civil fault is presumed. But this collective redress is also limited: in particular, it does not apply to SMEs, which creates a risk of forum shopping. In addition, it concerns only follow on actions, and then, it can be exercised very late, at a time when the victims may be tired of waiting.

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The oral style of the presentation has been partially preserved. 1. Vis unita fortior: "Strength in numbers". The Hamon law of 17 March 2014 has just translated this maxim into our law, by creating, finally, the one we had come to call the Arlesian of French law, namely group action. Many states had already succeeded in overcoming the fear associated with the excesses of U.S. class actions, including Quebec, Brazil, Germany, England, Denmark, Spain, Italy, the Netherlands, Portugal and Sweden. In addition, a new European dynamic had begun to develop. In addition to the proposal for a Directive of 11 June 2003 on damages actions for breach of competition

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Martine Behar-Touchais, French collective redress: A promising or a (too) limited path? (Antitrust damages actions in France and in Europe : Current situation and upcoming changements, Paris, 13 May 2014), September 2014, Concurrences N° 3-2014, Art. N° 67551, www.concurrences.com

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