France Implements Damages Directive

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The Ordinance introduces new provisions in the Commercial Code that facilitate private actions brought by victims of competition law infringements.

Key points -

..Directive 2014/104/ EU of 26 November 2014 (the Damages Directive) was implemented into French law by an Ordinance (the Ordinance) and its implementing Decree (the Decree) dated 10 March 2017.1 A presentation circular dated 23 March 2017 was also published on 31 March 2017.

..The Ordinance introduces changes to existing law, which greatly benefit victims of competition law infringements.

..The implementation process also provided an opportunity to clarify and streamline the rules on private enforcement. However, some questions are left unanswered and will ultimately be decided by the courts.

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