There has been much discussion of the European Commission’s Green Paper on damages for infringement of EC antitrust law. The Green Paper launched a debate designed to encourage and even facilitate private actions in national courts. The Commission and the Office of Fair Trading (OFT) have indicated that, to prioritise the use of their own limited resources, complainants will be encouraged, in appropriate cases, to resolve their disputes privately, whether through action in national courts, arbitration or other forms of dispute resolution.
Appropriate cases will include those in which there is a contractual dispute giving rise to competition law arguments in respect of which the jurisprudence of the European Court of Justice (ECJ) and/or guidelines of the Commission and OFT provide enough guidance for judges and arbitrators.
