The Private Enforcement of Competition Law and Digital Markets: Issues of Jurisdiction and Applicable Law

The chapter discusses the private international law dimension (jurisdiction and applicable law) of the private enforcement of EU competition, with a special focus on digital markets. It highlights that transactions in digital markets may raise complex issues of qualification and provides a critical assessment of the forum delicti under Article 7(2) the Brussels I bis Regulation, as interpreted by the Court of Justice of the European Union, and of the rule on the law applicable to competition law infringements under Article 6(3) of the Rome II Regulation. Finally, the chapter presents the main challenges posed by the need to coordinate the newly enacted Digital Markets Act with the EU regulations on jurisdiction and applicable law.