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

    Keywords

    • arbitration
    • competition law
    • antitrust
    • arbitrability
    • damages

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