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The German Federal Court of Justice holds that arbitral awards that apply specific competition rules, including the abuse of dominance provision, are subject to a full review by the ordinary courts

In its landmark judgment of 27 September 2022 (KZB 75/21), the Bundesgerichtshof, the German Federal Court of Justice (“FCJ”), held that arbitral awards involving Sections 19 to 21 of the German Act against Restraints of Competition (“ARC”) related to the abuse of dominance, abuse of relative or superior market power, boycott and other restricted practices, are subject to full factual and legal review by the ordinary courts (the “2022 Judgment”). The FCJ has now clarified that any incorrect application of these ARC provisions runs contrary to public policy (ordre public) and that an arbitral award that incorrectly applies these rules must not be recognised or enforced by German courts. Case-law prior to the 2022 Judgment In the 1960s, under the then applicable German Civil Procedural

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  • Van Bael & Bellis (Brussels)
  • Van Bael & Bellis (London)
  • Van Bael & Bellis (Brussels)

Quotation

Katharina Bongs, Nick Lawn, Andreas Reindl, The German Federal Court of Justice holds that arbitral awards that apply specific competition rules, including the abuse of dominance provision, are subject to a full review by the ordinary courts, 27 September 2022, e-Competitions Preview, Art. N° 110701

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