Most people active in competition law were aware of the long awaited publication of the Private Damages Directive by the European Commission in early 2015. Still to be implemented at Member State level, the objective of the Directive is to facilitate private damages actions throughout the EU, given that for a number of reasons, these actions have been more easily brought in some jurisdictions than others. One of the interesting aspects of the Directive, is the fact that it acknowledges that it is not only possible to obtain damages through the Courts, but also through consensual dispute resolution. This of course includes arbitration.

In the December 2015 edition of Arbitration International, I published an article on this subject which examines the existing framework in relation to both public and private enforcement of EU Competition law, the possibility to arbitrate EU Competition law infringements and arbitration of competition law in practice. It also examines some of the most noteworthy provisions of the Directive, in particular with regard to their potential impact on the arbitration of cases involving EU competition law.

You can find it at the link below.

Private Damages in EU Competition Law and Arbitration: A Changing Landscape

Link to Directive 2014/104/EU