Damages Directive Implementation Reinforces Attractiveness of French Courts

Ordinance law N°2017-303 related to private enforcement litigation (the “Ordinance”) and its implementing Decree (the “Decree”) were adopted on 9 March 2017, as implementing measures of the European Directive n°2014/104/UE of 26 November 2014 on certain rules governing actions for damages under national law for infringements of competition law (the “Damages Directive”). These new provisions reinforce the attractiveness of French courts for claimants willing to seek compensation for losses suffered as a result of breaches of competition law.

Summary

1. Introduction of presumptions reducing the victim’s evidentiary burden
2. Clarification regarding the mechanisms applicable to the disclosure of evidence

Read in English : Damages Directive Implementation Reinforces Attractiveness of French Courts
Lire en français : Transposition de la Directive Dommages et Intérêts