Private Enforcement of EU Competition Law
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Private Enforcement of EU Competition Law

The Impact of the Damages Directive

Edited by Pier L. Parcu, Giorgio Monti and Marco Botta

During the past decade, private enforcement of competition law has slowly taken off in Europe. However, major differences still exist among Member States. By harmonizing a number of procedural rules, the Damages Directive aimed to establish a level playing field among EU Member States. This timely book represents the first assessment of the implementation of the Damages Directive. Offering a comparative perspective, key chapters provide an up-to-date account of the emerging trends in private enforcement of competition law in Europe.
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Chapter 8: Private antitrust enforcement in France: analysis of substantive and procedural challenges in light of the most recent case law

Silvia Solidoro


France has recently implemented the Damages Directive 2014/104/EU. This chapter aims at illustrating the most critical aspects accompanying the process that culminated in the enactment of Ordinance no. 2017-303. The focus is on the substantive and procedural challenges posed by the old legislation; the analysis is complemented by an assessment of the solutions adopted in light of the most recent national case law that has pre-empted or contradicted EU legislation on the matter.

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