The increase in private enforcement of EU competition rules across Europe highlights some important issues, more specifically the choice of the law applicable to non-contractual obligations and, consequently, the choice of the competent jurisdiction. In that context, the interaction between Regulation 864/2007 ("Rome II") and Regulation 44/2001 ("Brussels I") is at stake.
The issues affect private enforcement of EU competition rules in general, such as injunctive decisions and requests for negative declaration, for example, but also those actions for the award of damages following an infringement of EU competition rules. Another important issue concerning the latter type of actions is the question of quantification of damages. In fact, it is for the domestic legal system of each Member State, and ultimately for the national judge, to determine the requirements the claimant has to fulfil when proving the amount of the damage suffered as a result of a competition law infringement.
These requirements provided at national level have to comply with general EU principles of equivalence and effectiveness. The calculation of damages could thus become a very cumbersome exercise if one adheres strictly to the idea that the exact amount of the damage caused by a competition law infringement has to be fully compensated.
Two nights hotel accommodation and 500 € travel costs covered.