Claims for Damages Against Antitrust Infringements Under French Law

Ouahida Bendjedou, Senior Legal Counsel, Bouygues Construction

When the “Ashurst Study on the conditions of claims for damages in case of infringement of EC competition rules” was published in 2004, it concluded that a "total underdevelopment" and an "astonishing diversity" in the approaches taken by different Member States were what characterised the status of private enforcement of competition law in the European Union. As a reaction to this conclusion, the European Commission published a White Paper on “Damages actions for breach of European Community antitrust rules” on 2nd April 2008. Together with its White Paper, the European Commission published a detailed Staff Working Paper, which provides the legal background, as well as an Impact Assessment Report, which contains an economic analysis of different potential private enforcement scenarios. In addition, an extensive economic study on the welfare impact of more effective private damage actions and, on 19th January 2010, an economic study on the quantification of antitrust damages were published on the European Commission’s website.

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France Competition Construction December 2011 Vol. 5, No. 17, Autumn 2011

Ouahida Bendjedou

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Ouahida Bendjedou Graduated from Aix-en-Provence Law School. Master degree in International Business Law, Master degree in Business Law, taxation and accountancy and an international in-house counsel diploma, in 2004. Joined the Legal Affairs and Compliance Department of Bouygues Construction in 2005.

Bouygues Construction

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Bouygues Construction, subsidiary of the Bouygues group, is one of the world's leaders in the building, civil works and electrical contracting and maintenance sectors. Organized as seven complementary entities, it has proven expertise in financing, designing, constructing, maintaining and operating buildings and structures, offering its customers a vast range of innovative solutions. The Group is addressing the environmental challenges confronting its businesses through a pragmatic and far-reaching approach, which covers the design, construction and operation of buildings and structures for which it is responsible. It has the firm ambition of being a leader in terms of sustainable development. With 54,100 employees throughout the world, the Group generated sales of 9.2 billion Euros in 2010.

France Competition Construction December 2011 Vol. 5, No. 17, Autumn 2011

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