FOREWORD: DIRECTIVE 2014/104/UE - TRANSPOSITION - INDEMNISATION - COMPETENT JUDICIAL AUTHORITY
Is there a gap in the transposition of the EU Directive 2014/104?
The Directive 2014/104/UE on actions for damages under national law for infringements of the competition law provisions raised numerous comments of French lawyers. The heart of the debate is on the jurisdictional authority in charge of the compensation. The administrative judge is obviously missing in these reflexions although it shares with its judicial counterpart the power to evaluate and repair the damages of the victims of the competition law violations.
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The year 2014 has placed the victims of anti-competitive practices at the heart of the effective enforcement of competition law. In order to ensure that compensation penalties play a regulatory role, the system of actions for damages for competitive harm has been called into question in several stages, culminating in the publication of the "damages" directive, which will be transposed by December 27, 2016 at the latest.
Curiously, most French studies on the Directive deal only with the judicial judge.
However, for a long time, the administrative judge has been ensuring protection of public persons, victims of competitive harm, and that of private
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