p. 3238. Articles 101 and 102: private enforcement in the courts of Member States
- Richard WhishRichard WhishEmeritus Professor of Law at King’s College London
- , and David BaileyDavid BaileyProfessor of Practice in Competition Law at King’s College London
Abstract
This chapter describes the private enforcement of competition law, that is to say, the situation where litigants take their disputes to a domestic court or, quite often, to arbitration. Section 2 deals with the private enforcement of Articles 101 and/or 102 as a matter of EU law, with particular emphasis on the Damages Directive. Section 3 deals with private actions in the UK courts. Section 4 considers the use of competition law not as a ‘sword’, where the claimant’s cause of action is based on an infringement of competition law, but rather as a ‘shield’, that is to say as a defence, for example to an action for breach of contract or infringement of an intellectual property right. Section 5 contains a brief discussion competition law and arbitration.
