p. 3068. 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 BaileyVisiting Professor of Law at King’s College London
This chapter describes the private enforcement of Articles 101 and/or 102 as a matter of EU law, with particular emphasis on the Damages Directive. It also deals with the extensive experience of private actions in the UK courts. The chapter considers the use of competition law as a defence, for example to an action for breach of contract or infringement of an intellectual property right. The chapter concludes with a brief discussion of issues that can arise where competition law disputes are referred to arbitration rather than to a court for resolution.