Cross border private enforcement of EU competition law: in quest of localisation

Abstract

The article tackles the sensitive issue of localisation of the infringements of EU Competition Law for the purposes of the determination of jurisdiction and the applicable law in the context of cross-border private enforcement proceedings. The analysis considers the relevant EU Regulations and the CJEU’s case law that tries to limit multiplicity and fragmentation for these specific cases, notwithstanding the availability of alternative grounds of jurisdiction and the application of the Mosaikbetrachtung in the determination of the applicable law. The final remarks focus on quite well-realised consistency of the solutions in a system that is modelled on alternative options and the possibility of a choice by the parties.