Arbitrability of EU Competition Law-Based Claims: Where Do We Stand after the CDC Hydrogen Peroxide Case?

26 Pages Posted: 12 Oct 2016 Last revised: 6 Dec 2016

See all articles by Damien Geradin

Damien Geradin

Tilburg Law and Economics Center (TILEC); Geradin Partners; University of East Anglia (UEA) - Centre for Competition Policy; University College London - Faculty of Laws

Emilio Villano

EDGE Legal

Date Written: October 11, 2016

Abstract

In this paper, we discuss the extent to which EU competition rules are arbitrable. There is a wide consensus that Articles 101 and 102 TFEU are fully arbitrable and we share that opinion. More challenging questions may, however, arise when the dispute subject to arbitration raises issues under the other competition provisions of the TFEU, i.e., Articles 106 to 108, as well as in secondary EU competition legislation (e.g., the EU Merger Control Regulation). Moreover, in the recent CDC Case, the question has arisen as to whether arbitration is a suitable method to settle claims for damages arising from breaches of competition law made by one of the parties to a contract containing an arbitration clause. We discuss AG Jääskinen’s controversial Opinion, the judgment of the CJEU, and their possible implications on the arbitrability of damages actions based on breaches of EU competition rules.

Keywords: Arbitration, Competition Law, Antitrust, Arbitrability, Damages

JEL Classification: K12, K13, K21, K41, L40

Suggested Citation

Geradin, Damien and Villano, Emilio, Arbitrability of EU Competition Law-Based Claims: Where Do We Stand after the CDC Hydrogen Peroxide Case? (October 11, 2016). TILEC Discussion Paper No. 2016-033, Available at SSRN: https://ssrn.com/abstract=2851112 or http://dx.doi.org/10.2139/ssrn.2851112

Damien Geradin (Contact Author)

Tilburg Law and Economics Center (TILEC) ( email )

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Geradin Partners ( email )

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University of East Anglia (UEA) - Centre for Competition Policy ( email )

UEA
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United Kingdom

University College London - Faculty of Laws ( email )

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London WC1E OEG, WC1E 6BT
United Kingdom

Emilio Villano

EDGE Legal ( email )

19, Rue de Crayer
Brussels, 1000
Belgium

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