By Yves Botteman & Camille Keres
This article examines under which circumstances claimants may rely on arbitration clauses – contained in commercial contracts that they would have entered into with defendants – to bring antitrust damage claims. While the early case law showed reluctance to make use of arbitration clauses in the context of antitrust damage claims, a few EU jurisdictions have recently moved towards more arbitration friendly solutions, although not without conditions and l
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