EU Competition Arbitration: A Reliable Forum for Private Enforcement

By Dr. Gordon Blanke 
Over the past twenty to twenty-five years, arbitration has developed into a reliable forum for the private enforcement of EU competition law claims. Following the CJEU’s seminal ruling in Eco Swiss, competition arbitrability has become a fait accompli across the majority of EU Member State jurisdictions. The adoption of Regulation 1/2003, the EU Damages Directive and the Commission Notice on Remedies have all, to some extent, promoted the arbitration of competition law and more specifically the private enforcement of the EU competition law rules through arbitration.