25 May 2011: Private enforcement
The Autorité de la concurrence (French National Competition Authority) contributes to the public consultation launched by the European Commission
Like some other NCAs (national competition authorities) in the European Union or other interested independent authorities and agencies, the Autorité de la concurrence submitted a contribution to the European Commission’s public consultation on private enforcement.
The Autorité encourages forward-thinking aiming at defining a European model for collective redress which would ensure an effective right to compensation for the victims of anticompetitive practices, while providing for adequate safeguards against abusive litigation.
The conditions for an effective European model
The Autorité considers that an effective European model should respond to three major conditions:
First, collective redress following on a European Commission decision or a NCA decision that finds an anticompetitive practice should be fostered primarily. This condition would also constitute a safeguard against abusive litigation.
Second, in order to streamline private enforcement mechanisms, a NCA decision could ground in itself the finding that a fault was committed, as this is already the case in a number of Member States.
Last, it would be necessary to ensure the confidentiality of leniency applications and declarations.
French MPs have already put forward possible solutions in this field after a careful examination of the issues at stake. Their suggestions could prove very fruitful to the current work done by the European Commission.
> View the reply of the Autorité de la concurrence to the European Commission public consultation
> Press Contact : André Piérard - Tel.: (+33) 1 55 04 02 28