Regulation Brussels 1 and the Application of Articles 101 and 102 TFEU by National Courts
Private enforcement is, no doubt, an important move for the effective enforcement of EU Competition Law. Offering to companies an opportunity of action for damages against an economic actor adopting anticompetitive behaviour is therefore an important challenge. In this context, a question that must be addressed is before which court can a complainant engage its action for damages. There is little doubt that applicable rules in this respect are currently to be found in the (recast) Regulation Brussels 1. But is this Regulation “on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters” really adapted to competition matters? This is not the conclusion of the legal analysis proposed in this chapter.