ARTICLE : DAMAGES FOR BREACH OF COMPETITION LAW - PROCESSUAL LAW

Making damages actions for breach of competition law easier: Some proceedings aspects

This article shows the point of view of a specialist of proceedings on the EU White paper on damages action for breach of the EC antitrust rules. The author, taking for granted that such actions are required, gives a detailed assessment of the fundamentals of the White paper and of the legal positions of the person likely to act.

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. 1. Once considered a secondary, servile, subsidiary right, civil procedure is now recognised as an essential, primary right for the effectiveness of substantive rights. This is all the more evident in the case of certain categories of rights which, by their very nature, have a procedural vocation. This is the case with both competition law and civil liability law, which only come into play when a pathological situation arises. It is this almost congenital link between substance and process that is highlighted today by the European Commission's White Paper aimed at strengthening actions for damages for anti-competitive practices. In order to ensure a

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Soraya Amrani-Mekki, Making damages actions for breach of competition law easier: Some proceedings aspects, December 2008, Concurrences N° 4-2008, Art. N° 22091, www.concurrences.com

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