Wednesday, February 12, 2020
Yves Herinckx, Brussels Court of Appeal has written on The Incentives to Arbitrate (or to Settle) Antitrust Damages Actions under Directive 2014/104.
ABSTRACT: The European Directive 2014/104 of 26 November 2014 deals with the private enforcement of competition law in the European Union, i.e. with damages claims arising from breaches of competition law. In its recital 48, the Directive states that it wishes to encourage the arbitration of these claims and their settlement. Various provisions of the Directive seek to constitute incentives to arbitration and settlement. This paper analyses these provisions and assesses their effectiveness, or lack of.