engleski

Private Enforcement of Competition Law: Before which EU Member State Courts?

In 2004, when Regulation (EC) No 1/2003 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty entered into force, it replaced the centralised system of competition enforcement and allowed litigation on competition law before courts of the EU Member States in its entirety. An incentive for an even greater private enforcement of competition law has been provided by a more recent piece of legislation - Directive 2014/104/EU on certain rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union, the aim of which is removing obstacles for compensation of the harm sustained as a result of the infringement of competition laws. In a legal environment in which the private enforcement of competition law is encouraged and an increasing number of competition disputes have a cross-border element, establishing which EU Member State courts are competent to discuss the case becomes a crucial matter. Therefore, this paper deals with the issue of establishing international jurisdiction for private competition claims in the EU. Rules on international jurisdiction for civil and commercial cases are contained in Regulation (EU) No 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (the Brussels I bis Regulation), one of the most important sources of the EU private international law. This paper identifies which Brussels I bis provisions are applicable for establishing international jurisdiction in private competition claims characterised as non-contractual liability.

Brussels I bis Regulation, competition law, European law, international jurisdiction

nije evidentirano