The UK Hight Court holds that Art. 81 and 82 EC claims are arbitrable (Eurotunnel)

Background In 1994, Eurotunnel (a joint venture operated by the eighth and ninth defendants, Channel Tunnel Group Limited and France Manche SA, respectively) entered into a contractual relationship with Transferry SPA and ET Plus Lux SA (the sixth and seventh claimants) whereby the claimants would market and sell tickets to freight customers for use of the Channel Tunnel. The sixth and seventh claimants created a joint venture company, ET Plus SA (“ET Plus”), with the intention of increasing Eurotunnel truck shuttle business. In March 2004, Eurotunnel concluded a new contract with ET Plus (the “March 2004 Contract”), whereby ET Plus was granted the exclusive right to market and sell Eurotunnel freight tickets in certain geographical areas. This right was subject to a reservation allowing

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Authors

  • White & Case (London)
  • Pinsent Masons (London)

Quotation

Charles Balmain, Ronan Lambe, The UK Hight Court holds that Art. 81 and 82 EC claims are arbitrable (Eurotunnel), 7 November 2005, e-Competitions Bulletin November 2005, Art. N° 311

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