8 Cross-Border Damages Actions in the EU: Managing Inter-Jurisdictional Competition in the EU Mixed Enforcement System
Ioannis Lianos, Peter Davis, Paolisa Nebbia
Peter Davis, Ioannis Lianos, Paolisa Nebbia
- Member State competence — Infringement cases — European Union — Arbitration procedures — Appeals — Damages
The Damages Directive leaves sufficient space for inter-jurisdictional competition between the legal regimes of the EU Member States. The chapter offers a critical perspective on the implementation in this context of the Brussels regime, which provides management rules that may apply to cross-border competition damages and which are also based on the need to manage diversity rather than suppress it. The promotion of the inter-jurisdictional competition (or forum shopping) aims to guarantee more effective enforcement of the rights of the victims of competition law infringements. The chapter discusses issues of jurisdiction, applicable law, and recognition of judgments, as well as the interaction between public and private enforcement (including ADR) in a cross-jurisdictional setting.