European Court of Justice Issues Important Judgment Related to Jurisdiction Clauses for Antitrust Actions

November 26, 2018

In a recent judgment providing a preliminary ruling in the case, Apple Sales International et al. v. (C-595/17, October 24, 2018), the Court of Justice of the European Union affirmed that jurisdiction clauses subject to EU law may be enforced by Member State courts in the context of actions for damages for abuse of dominance based on Article 102 TFEU.

The CJEU thereby rejected any requirement that the jurisdiction clause make explicit reference to disputes relating to liability incurred as a result of an infringement of competition law.  The CJEU thereby confined its earlier judgment in CDC v. Akzo Nobel et al. (C-352/13, May 21, 2015), which had held that such an explicit reference was a prerequisite for applying a jurisdiction clause to cartel-related claims based on violations of Article 101 TFEU.