Private Enforcement: a Prime Case for Forum Shopping

The Damages Directive (2014/104/EU) has been implemented by the European Member States since 2018. The law transposing the Directive and the experience with its implementation varies considerably across Europe, for instance with regard to the presumption of damages, class actions or estimation of harm.

Therefore, the rules on jurisdiction and applicable law for cartel damages actions matter. As both are not addressed by the Damages Directive, recourse must be taken to tules of the Brussels Ia and Rome II Regulation, respectively. In the following, I argue the practitioners may use these differences in national law to significantly improve their clients' position in cross-border cartel cases.