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Competition Damages Actions in the EU

Law and Practice, Second Edition

David Ashton

In this revised and much expanded second edition David Ashton provides a comprehensive review of the EU damages directive (Directive 2014/104/EU) and its implementation, bringing the book up to date with the latest advances in EU Competition Law damages actions. This edition also features insights from practising lawyers on national developments in over 10 countries across Europe and an updated, separately authored, chapter on the quantification of loss. This book will provide practising lawyers and scholars alike with a clear, well-structured and updated guide to EU Competition Law Damages.
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Chapter 12: JURISDICTIONAL ISSUES

Law and Practice, Second Edition

David Ashton

Extract

Private international law is a specialist topic, and its application to competition law damages claims a difficult, and novel, area of law. Parties to competition law damages actions will need to consider the related issues of the court in which the action should be brought, and the law applicable to the claim. In relation to the former, there is a complex body of rules, at EU level, on choice of court, which need to be applied to competition claims. The EU courts have started to give guidance as to how these rules apply in this particular context. In relation to the issue of applicable law, despite the common rules contained in the Directive, claims will still be subject to national law, such that the determination of the applicable law is still relevant.

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