Katrin Kurz


A recent judgment by the German Federal Court of Justice paves the way for forum shopping in abuse of dominance cases[1]. Following the European Court of Justice’s Wikingerhof decision, the Federal Court of Justice has clarified that tort jurisdiction may apply even if the conduct in dispute is covered by contractual provisions. In addition, the Federal Court of Justice has confirmed the restrictive interpretation of generic choice-of-forum clauses of the sort that is often found…