For the third consecutive year, the ICLG has published an article by Partners Frédéric Louis, Anne Vallery and Cormac O’Daly and Senior Associate Édouard Bruc on “Private Enforcement of EU Competition Law: Recent Developments” in the ICLG - Competition Litigation 2026.
Among other topics, the article discusses the latest EU case law and opinions on limitation periods, pre-litigation disclosure of documents, jurisdictional issues, and collective redress. It provides valuable insights into the emerging area of private antitrust enforcement in the EU. Associate Benjamin Roitman also contributed to the article.
Excerpt: "Turning to recent judicial developments, the European Court of Justice (‘ECJ’) and its Advocates General (‘AG’) have continued to exhibit a claimant-friendly stance. That tendency is best illustrated by rulings on limitation periods, where EU judges routinely rely on the Damages Directive, even where it is not formally applicable. Similarly, the ECJ has frequently invoked the principle of full effectiveness of EU law to rely on other parts of the Damages Directive, with the result that, in practice, it sometimes matters little to a case whether that Directive is even temporally applicable."
