The Impact of the Damages Directive
Edited by Pier L. Parcu, Giorgio Monti and Marco Botta
Chapter 8: Private antitrust enforcement in France: analysis of substantive and procedural challenges in light of the most recent case law
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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