Repairing competitive damages: an essay.

Summary The back cover states: "Victims of competition damages risk being deprived of compensation if certain trends in the law and current practical difficulties continue. The effectiveness of the law of anti-competitive practices and of competition law in general depends largely on the place occupied by compensation for competitive damages. This is the observation of Muriel Chagny and Bruno Deffains led to go beyond the sole analysis of positive law to explore the avenues of evolution of the law or adaptation of judicial practice and, in particular, the avenues of transposition of the Directive of November 26, 2014. At the crossroads of competition law, civil liability and civil procedure, compensation for competitive damages in France is, moreover, confronted with competition from other legal systems, inviting the integration of considerations related to the attractiveness of French law and the French judicial system into the reflection. It is from a normative approach, following a critical analysis of positive law and based on an economic analysis, that recommendations are put forward for competition law as a whole. Some of them could even be applied more broadly to the compensation of economic damages and have an impact on the law of civil liability and on the law of civil procedure. The reflection, enlightened by the economics of law, is both fundamental and practical. It is thus intended for lawyers, magistrates, company lawyers, legal experts and other actors in the field of competitive damage compensation".