L’intensification de la réparation des dommages issus des pratiques concurrentielles, Martine BEHAR-TOUCHAIS, David BOSCO and Catherine PRIETO

Martine Behar-Touchais, David Bosco, Catherine Prieto

This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of Concurrences. Publishers, authors and editors are welcome to send books to catherine.prieto@univ-paris1.fr for review in this section.

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The value of compensation to victims lies not only in its deterrent effect, as recognized by the European Court of Justice. It also completes the remedial effect on markets distorted by anti-competitive practices by complementing cease-and-desist orders. It restores the victims’ ability to act and thus contributes to the economic recovery of the affected markets. It also restores the confidence of all economic operators. By the same token, it is likely to promote adherence to the public order of competition and the social acceptability of a culture of compliance. In all these respects, the justice due to victims is intrinsically linked to the effectiveness of competition policy. We can therefore no longer be satisfied with the record of our actions for compensation in France, compared with that of other Member States. This book, the result of a collaboration between Trans Europe Experts and the Institut de Recherche Juridique de la Sorbonne, bears witness to the will to work on improving French law in the short and medium term. Directive 2014/104/EU is examined in terms of its advances, but also in terms of its limitations, which suggest that there is still work to be done. The same applies to the European Commission’s recommendation on class actions and its communication on the quantification of damages. The working group that was set up provided a basis for critical and constructive reflection. Rafaël Amaro, Maria-José Azar-Baud, Björn C. Becker, Martine Béhar-Touchais, Jochen Bernhard, Menold Bezler, David Bosco, Florian Bien, Suzanne Carval, Mario Celaya, Muriel Chagny, Anne-Sophie Choné-Grimaldi, Beate Gsell, Laurence Idot, Constance Monnier, Laurence Nicolas-Vuillerme, Silvia Pietrini, Catherine Prieto, Vasil Savov, Sabine Thibault-Liger, Jean-Philippe Tropeano, Anne Wachsmann.

Authors

  • University of Paris I Panthéon-Sorbonne
  • University of Aix-Marseille
  • University of Paris I Panthéon-Sorbonne

Quotation

Martine Behar-Touchais, David Bosco, Catherine Prieto, L’intensification de la réparation des dommages issus des pratiques concurrentielles, Martine BEHAR-TOUCHAIS, David BOSCO and Catherine PRIETO, November 2016, Concurrences Nº 4-2016, Art. N° 104323

Publisher IRJS Editions

Date 24 June 2016

Number of pages 431

ISBN 9782919211524

Visites 304

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