The European Court of Justice (ECJ) recently ruled that a jurisdiction clause does not need to refer expressly to disputes arising from a breach of competition law where damages are claimed based on Art. 102 TFEU (i.e., for abuse of a dominant position). This contrasts with the ECJ’s position in follow-on cartel damages claims (under Art. 101 TFEU), where a jurisdiction clause must specifically refer to disputes concerning an infringement of competition law.
Application of Jurisdiction Clauses to Competition Damages Actions Depends on Cause of Action
By Dr. Boris Uphoff, David Henry, Jacques Buhart, Jacob Grierson and Nisrin Abelin on November 13, 2018
Posted In Cartel Enforcement, EU Developments
Tags: anticompetitive agreements, Apple and Others v MJA, arbitration clause, Article 101 TFEU, Article 102 TFEU, Article 23(1), Brussels Regulation, Cartel Damage Claims (CDC) Hydrogen Peroxide SA v Akzo Nobel NV and Others (CDC), competition law, Court of Cassation, eBizcuss, ECJ, forum shopping, Versailles Court of Appeal
Dr. Boris UphoffDr. Boris Uphoff focuses his practice on intellectual property, commercial litigation and alternative dispute resolution. He has litigation experience in all major German courts and assists clients in cross-border disputes. Read Boris Uphoff's full bio.
David HenryDavid Henry is a practising UK barrister, whose practice focuses on European competition law, including merger control, cartels and abuse of dominance, and the interaction between antitrust and intellectual property. He represents companies and trade associations in the aluminium, air transport, car parts, chemicals, electronics, medical devices, pharmaceuticals, power generation, food retailing and financial services and payment systems sectors. He also advises clients in proceedings before the European courts and national competition authorities. David also has considerable experience in export control matters, dispute resolution and white-collar crime. Read David Henry's full bio.
Jacques BuhartJacques Buhart focuses his practice on cross-border mergers and acquisitions and EU/French competition investigations and litigation out of Brussels and Paris. Jacques has also developed substantial knowledge of various industries, including nuclear, telecommunications, pharmaceutical, paper and energy. He is head of the Firm's Paris and Brussels offices. Read Jacques Buhart's full bio.
Jacob GriersonJacob Grierson represents clients from numerous countries in a broad range of international arbitrations, including disputes arising out of the oil and gas, construction, pharmaceutical, telecom and internet industries. Jacob has represented clients in matters involving joint venture disputes, post-merger and acquisition disputes, licensing disputes and distribution and franchising disputes, among others. He has handled arbitrations in all of the major places of arbitration, although predominantly in London and Paris. Jacob has also represented clients in arbitration-related proceedings (including annulment applications) before the English and French courts. Read Jacob Grierson's full bio.
Nisrin AbelinNisrin Abelin focuses her practice on litigation with a particular focus on local and cross-border disputes. Read Nisrin Abelin's full bio.
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