The Regional Court of Dortmund holds that standard arbitration agreements apply to cartel damages actions if and when the alleged conduct coincides with a breach of contract deviating from the ECJ’s foreseeability theory established for jurisdiction clauses in its CDC judgement (C. / N.)

1. Introduction The question of whether cartel damages claims can be tried in arbitration under so-called 'standard' arbitration agreements – meaning not explicitly referencing tortious or even specifically antitrust damages claims – has recently been the subject of much debate. Regarding jurisdiction clauses the same question had already been dealt with by the European Court of Justice ('ECJ') through its CDC Hydrogen Peroxide ruling of 2015 ('CDC') [1]: according to the ECJ cartel damages claims are not covered by standard contractual jurisdiction clauses if such cartel damages claims were not foreseeable at the time of the agreement. The ECJ did not comment on whether the same applied to arbitration clauses. Interestingly the ECJ's judgement at the time resulted from a request for

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  • Hogan Lovells (Munich)
  • Hogan Lovells (Munich)

Quotation

Carolin Marx, Christian Ritz, The Regional Court of Dortmund holds that standard arbitration agreements apply to cartel damages actions if and when the alleged conduct coincides with a breach of contract deviating from the ECJ’s foreseeability theory established for jurisdiction clauses in its CDC judgement (C. / N.), 13 September 2017, e-Competitions Bulletin September 2017, Art. N° 87908

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