The Relevant Market in European Private International Law—The Connecting Factor in Art. 6(1) and (3)(a) Rome II Regulation of Antitrust and Unfair Competition Law with Special Consideration of Competition Economics

Abstract What is the relevant market in private international law? Determining the applicable law in antitrust and unfair competition law is one of the first questions in international damages claims. From a European perspective, the lex fori in private enforcement actions is Art. 6 Rome II Regulation. Here, the connecting factor is the relevant market. There is extensive literature on the market definition in antitrust law. However, there is a long-standing debate on how to approach the relevant market in antitrust and unfair competition law in the context of private international law. The purpose of this paper is to define the relevant market in private international law. It examines whether the market definition from antitrust law can be used to determine the applicable law. Also, it will examine whether the connecting factors in international antitrust and unfair competition law correspond (Art. 6(3)(a) and Art. 6(1) Rome II Regulation). Finally, several approaches to restrict the effects doctrine and the impact principle in antitrust and unfair competition law are discussed. The discussion follows the method of legal interpretation enriched with economic arguments, which have been largely ignored in previous debates.