The need to consider antitrust law from a private international law approach

Abstract

Traditionally, Antitrust Law has been interpreted from administrative law and commer­cial law, but it is increasingly necessary interpretation from private international law, to determine the competent judge and the applicable law, when cross-border elements concur. From a qualifying point of view, breaches of the rules of defense of competition are considered matters relating to tort, delict or quasidelict (although there are cases relating to contracts), which refers to article 7.2 of the Brussels I recast and the Rome II Regulation. Besides, articles 101 and 102 TFEU are overriding mandatory rules. The jurisprudence of the CJEU is enlightening, pending the adoption of a European Regulation confir­ming the nature of the infringements of the competition rules.