The Private Enforcement Directive’s Toolkit in Arbitration

By Emilio Paolo Villano

The Private Enforcement Directive, and the laws of EU Member States transposing it, have provided a set of instruments to make claims for the compensation of damages deriving from the infringement of competition law rules easier and more expedite. The Directive was, however, not drafted with arbitration in mind. Thus, it appears uncertain if, and to what extent, an injured party claiming for full compensation in arbitration may have access to that set of instruments. Certain alternative solutions may be envisaged to overcome the difficulties posed by the Directive and to allow the injured party to have partial access to those information, documents and assistance it would have at its disposal, should the case be brought in front of a national court of a EU Member State.

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