This contribution addresses the founding elements of the legal framework that are relevant for the EU cross-border private enforcement of competition law claims. Firstly, it turns to the clarifications that have been provided by the CJEU when it comes to distinguishing whether a claim arises out of a contract or out of a tort within the meaning of Article 7(1) or (2) Brussels I bis Regulation. It then considers the developments concerning the identification of the relevant connecting factors and revisits the rules on the applicable law which have become an important factor on which the CJEU relies in the present context. This contribution closes by commenting on the way in which the applicable rules of jurisdiction may accommodate complexities of private enforcement of competition law-based claims.
Cross-border perspectives of private enforcement of competition law
Silvia Marino
2026-01-01
Abstract
This contribution addresses the founding elements of the legal framework that are relevant for the EU cross-border private enforcement of competition law claims. Firstly, it turns to the clarifications that have been provided by the CJEU when it comes to distinguishing whether a claim arises out of a contract or out of a tort within the meaning of Article 7(1) or (2) Brussels I bis Regulation. It then considers the developments concerning the identification of the relevant connecting factors and revisits the rules on the applicable law which have become an important factor on which the CJEU relies in the present context. This contribution closes by commenting on the way in which the applicable rules of jurisdiction may accommodate complexities of private enforcement of competition law-based claims.
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