Il private antitrust enforcement nello spazio giudiziario europeo

The article discusses the jurisdictional rules concerning antitrust related matters in the European judicial area in light of the recent EU Directive 2014/104/UE on follow-on claims and of the landmark judgement by the ECJ in Cartel Damage Claims. The Directive may reduce law and forum shopping in favour of legal systems which are most friendly to antitrust plaintiffs by introducing uniform substantive law throughout the EU Member States. The Cartel Damage Claims decision sheds light on the application of several jurisdictional rules contained in the Brussels I-bis Regulation to antitrust-related disputes, including Article 7 No. 2 on special jurisdiction on tort, Article 8 No. 1 on connected claims against multiple defendants and Articles 25 and 26 on the prorogation of jurisdiction. Since the ECJ decision provides an interpretation of the special jurisdiction in tort that differs from previous interpretations related to other non-contractual obligations, the author suggests to introduce a specific provision in the Brussels I-bis Regulation concerning jurisdiction in antitrust matters.