Pursuit of fairness and justice in actions for damages for infringement of EU competition rules: jurisdiction of courts

The aim of this article is to analyse the applicability of jurisdiction rules contained in the Brussels I bis Regulation to damages actions for harm caused by infringement of EU competition rules. Damages actions are civil and commercial matters in the sense of the Brussels I bis Regulation. For damages actions, the most important rules contained in the Brussels I bis Regulation are prorogation of jurisdiction (Article 25), general jurisdiction (Article 4) and two rules of special jurisdiction (Article 7(2) and Article 8(1)). The Court of Justice´s interpretation of the jurisdiction rules contained in the Brussels I bis Regulation for actions for damages predominantly follows the principles envisaged in the regulation itself. In general, the jurisdiction is available on the ground of the defendant's domicile. The prorogation of jurisdiction takes precedence; therefore, party autonomy is respected. The interpretation of special rules reflects either a close connection between the court and the action or sound administration of justice.