EU Competition Arbitration: A Reliable Forum for Private Enforcement

CPI Global Antitrust Community - Competition Policy International

By Dr. Gordon Blanke

Over the past twenty to twenty-five years, arbitration has developed into a reliable forum for the private enforcement of EU competition law claims. Following the CJEU’s seminal ruling in Eco Swiss, competition arbitrability has become a fait accompli across the majority of EU Member State jurisdictions. The adoption of Regulation 1/2003, the EU Damages Directive and the Commission Notice on Remedies have all, to some extent, promoted the arbitration of competition law and more specifically the private enforcement of the EU competition law rules through arbitration. Arbitrators, in turn, have demonstrated their competence to deal with EU competition law issues and continue to do so in their daily arbitration practice to date. This article provides some insight into how and why arbitration is an ideal tool for the private enforcement of competition law claims within the EU.