Arbitrability of EU competition law-based claims

Where do we stand after the CDC hydrogen peroxide case?

Damien Geradin, Emilio Villano

Research output: Working paperDiscussion paperOther research output

Abstract

In this paper, we discuss the extent to which EU competition rules are arbitrable. There is a wide consensus that Articles 101 and 102 TFEU are fully arbitrable and we share that opinion. More challenging questions may, however, arise when the dispute subject to arbitration raises issues under the other competition provisions of the TFEU, i.e., Articles 106 to 108, as well as in secondary EU competition legislation (e.g., the EU Merger Control Regulation). Moreover, in the recent CDC Case, the question has arisen as to whether arbitration is a suitable method to settle claims for damages arising from breaches of competition law made by one of the parties to a contract containing an arbitration clause. We discuss AG Jääskinen’s controversial Opinion, the judgment of the CJEU, and their possible implications on the arbitrability of damages actions based on breaches of EU competition rules.
Original languageEnglish
Number of pages26
Publication statusPublished - 11 Oct 2016

Publication series

NameTILEC Discussion Paper
Volume2016-033

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EU
arbitration
Law
damages
merger
legislation
regulation

Keywords

  • arbitration
  • competition law
  • antitrust
  • arbitrability
  • damages

Cite this

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Arbitrability of EU competition law-based claims : Where do we stand after the CDC hydrogen peroxide case? / Geradin, Damien; Villano, Emilio.

2016. (TILEC Discussion Paper; Vol. 2016-033).

Research output: Working paperDiscussion paperOther research output

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