Does Arbitration Offer an Effective Forum When Fighting for Competition Damages?

By William Towell  

Competition damages claims have become increasingly prevalent in recent years, with businesses and individuals looking to recover losses suffered as a result of anticompetitive behavior. In this article, I discuss the tactical considerations of pursuing such claims in the EU, analyze the different forums that aggrieved parties may consider, and examine how recent legislative developments may change the legal landscape. I then address the suitability of arbitration in such claims, including an analysis of the approach of the courts in different EU countries to the issue of whether such claims can be dealt with in arbitration.

Click here for the full article.