Arbitration Clauses and Antitrust Damages in the EU: Where are We Now?

By Yves Botteman & Camille Keres

This article examines under which circumstances claimants may rely on arbitration clauses – contained in commercial contracts that they would have entered into with defendants – to bring antitrust damage claims. While the early case law showed reluctance to make use of arbitration clauses in the context of antitrust damage claims, a few EU jurisdictions have recently moved towards more arbitration friendly solutions, although not without conditions and l