The assessment of damages resulting from anti-competitive pratices following the transposition of directive 2014/104/UE

Maurice Nussenbaum
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Maurice Nussenbaum: DRM - Dauphine Recherches en Management - Université Paris Dauphine-PSL - PSL - Université Paris Sciences et Lettres - CNRS - Centre National de la Recherche Scientifique

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Abstract: Since the introduction of Directive 2014/104/EU of 26 November 2014 (the Directive) and its transposition into French law on 9 March 2017, the ECJ's aim hasbeen to make remedies for private damages more effective. To this end, it hassought to remove certain evidential difficulties for victims.Although case law in France is still recent in relation to these texts, since theyonly apply to cases brought after they came into force, there have already beenenough applications for an initial assessment to be made.The decisions reviewed in this study illustrate various contributions which thesetexts have made: the concept of an economic entity (the Skanska judgment), the5-year limitation period, the presumption of damage (the Dortmund judgment),the issue of compensatory interest and loss of opportunity, ‘passing on' reviewedon several occasions, and the disclosure of documents that is necessary but mustnot infringe business confidentiality.It can be noted that, even though the application of the texts is uneven, theyhave already helped to strengthen victims' rights in obtaining compensation fordamage caused by infringements of the competition rules.

Date: 2022
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Published in La Semaine juridique. Entreprise et affaires, 2022

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