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- Title
Jurisdiction Aspects of Private Enforcement of Competition Law in the EU.
- Authors
Línek, David
- Abstract
The European Union's active promotion of the private enforcement of competition law has recently resulted in the adoption of the Damages Directive. Despite the harmonisation provided by the directive, however, many aspects of private enforcement remain different in certain Member States. Due to those differences, and the fact that undertakings are often active in several Member States, the rules governing applicable law and jurisdiction are increasingly important. Establishing favourable jurisdictions can have a significant impact on the outcomes of a case and litigation strategy. This article focuses on the jurisdiction aspects and a plaintiff's options in competition litigation cases. It examines the Brussels I Recast Regulation ('Brussels Ia') and its relation to competition claims. It also describes the matrix of possibilities for establishing jurisdiction and analyses recent case law. Attention is paid to the interpretation of jurisdiction based on the place where the harmful event occurred or may occur. Case law regarding the jurisdiction clauses in competition cases is also examined. Plaintiffs clearly have many options to try to establish jurisdiction. But a plaintiff need not necessarily be an injured party in order to try to establish jurisdiction. Any undertaking that expects to be sued can seek a negative declaration and use the various possibilities to seek the declaration in a favourable jurisdiction and rely on the lis pendens rule. This article also briefly discusses the so-called 'torpedo strategy'. The article concludes with the question of whether a broad interpretation of the lis pendens rule might not be contrary to the much-sought-after goal of effective private enforcement.
- Subjects
JURISDICTION; UNFAIR competition; LAW enforcement; EUROPEAN Union law; JUDGE-made law; LIS pendens (International law); EUROPEAN Union
- Publication
Competition Law International, 2019, Vol 15, Issue 1, p45
- ISSN
1817-5708
- Publication type
Article