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ARTICLE · 12 APRIL 2017

France Becomes An Attractive Forum For Antitrust Follow-On Damages Claims

Companies often associate competition rules with public enforcement.

FranceAntitrust/Competition Law

Companies often associate competition rules with public enforcement. However, competition law can also be a source of compensation. The new French Order and Decree, which together implement Directive 2014/104/EU on actions for damages for infringements of competition law provisions, simplify the task victims of infringements of competition law face when they claim damages by creating a number of presumptions in their favour.

Competition authorities, including the French Competition Authority (the FCA), impose increasingly heavy fines on companies that infringe competition rules. In parallel to this, private claims aimed at repairing the harm suffered by the victims of anti-competitive practices exist, but until now such claims have not been made to the extent possible.

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