Arbitration & Antitrust

General antitrust

The US DoJ issues guidance on the use of arbitration and launches small business help center
US Department of Justice - Antitrust Division (Washington)
Justice Department Issues Guidance On The Use Of Arbitration And Launches Small Business Help Center* The Antitrust Division of the Department of Justice announced the publication of two new resources on its website today. First, the division issued updated and supplemental guidance on the (...)

Anticompetitive practices

The EU General Court rules that sports associations cannot stop athletes from competing in third-party events (International Skating Union)
Hogan Lovells (Brussels)
,
Hogan Lovells (Brussels)
On 16 December 2020, the General Court largely confirmed the European Commission’s Decision according to which the International Skating Union’s (the “ISU”) rules on eligibility are contrary to EU competition law. However, it partially annulled the Commission’s Decision on the ground that it failed (...)

The EU General Court delivers ruling on the application of competition law to sports authorization rules and upholds the role of the Court of Arbitration for Sport (International Skating Union)
White & Case (Brussels)
,
White & Case (Dusseldorf)
,
White & Case (Geneva)
The General Court of the European Union (the "General Court") has confirmed this week that the eligibility rules of the International Skating Union ("ISU"), which penalized athletes participating in competitions not authorized by the ISU, infringe EU competition law. While the EU General Court (...)

The EU Court of Justice confirms that the rules of a sports union providing severe penalties for athletes taking part in other speed skating events are contrary to EU competition law (International Skating Union)
European Court of Justice (Luxembourg)
The General Court confirms that the rules of the International Skating Union (ISU) providing for severe penalties for athletes taking part in speed skating events not recognised by it are contrary to EU competition law* On the other hand, the Commission was wrong to dispute the ISU’s (...)

The Rotterdam District Court issues an interim judgment in a private enforcement cartel claim in the lifts and escalators market (Kone / ThyssenKrupp)
Bird & Bird (The Hague)
,
Bird & Bird (Amsterdam)
On 23 October 2019, the District Court of Rotterdam ("District Court") rendered an interim judgement on a private enforcement cartel claim against Kone and ThyssenKrupp. The private enforcement claim follows fines imposed by the European Commission back in 2007 for a lifts and escalators-cartel (...)

The Danish Supreme Court upholds a decision of the High Court regarding infringement of competition law by an arbitration award (Taewoong / Ah Industries)
University of Copenhagen - Faculty of Law
,
Accura (Copenhagen)
Summary of the case In a January 2016 ruling the Danish Supreme Court rejected the argument that a 2011 arbitration award infringed competition law and therefore should be set aside . The dispute between the parties pertained to the termination of an international distribution agreement (...)

Unilateral Practices

The Moscow Arbitration Court confirms the Competition Authority’s decision and prescription concerning the operating systems for smartphones (Yandex / Google)
Russian Federal Antimonopoly Service (Moscow)
,
Russian Federal Antimonopoly Service (Moscow)
In March 2016, the Moscow Arbitration Court expressed its support of the position of the Federal Antimonopoly Service (FAS Russia) on the case of abuse of dominance by the Google group of companies involving its actions on the Android operation system. The decision of FAS Russia was taken as (...)

The Swedish Supreme Court rejects a claim for annulment of an arbitration award (Systembolaget / Absolut)
Haavind (Oslo)
Arbitration award and antitrust appeals: Sweden’s Supreme Court discusses Eco Swiss doctrine* The EUCJ’s well-known Eco Swiss judgment of 1999 established an EU version of the so-called ‘second look’ doctrine originally developed in the USA. Arbitration tribunals may rule on competition law claims (...)

The Higher Regional Court of Munich holds that the arbitration clause used by the International Skating Union referring all challenges to the Court of Arbitration of Sport was in breach of competition law (Pechstein)
Hogan Lovells (Munich/Frankfurt)
,
Freshfields Bruckhaus Deringer (Berlin)
I. The Facts In 2009 Ms. Claudia Pechstein, a successful German speed skater, was banned by the International Skating Union (ISU) from all skating competitions for two years. Ms. Pechstein had tested positive in a doping control that was held during the ISU skating world cup in Norway. The (...)

The Lisbon Appeal Court revises an arbitral award in a dispute between the national pharmacy association and an information technology company (Associação Nacional de Farmácias and Farminveste / IMS Health)
Eduardo Paz Ferreira & Associados (Lisboa)
Replacing a previous contract, the National Pharmacy Association (ANF) executed a contract with IMS Health in 2008, by which it transmitted to the latter data on purchases in its associated pharmacies, in exchange for remuneration. This data was used to provide pharma market intelligence in a (...)

Mergers

The US DoJ files proposed final judgment with US District Court for the Northern District of Ohio requiring divestiture following historic arbitration win (Novelis / Aleris Corporation)
US Department of Justice - Antitrust Division (Washington)
Justice Department Requires Divestiture Following Historic Arbitration Win* Divestiture Will Preserve Competition for Aluminum Automotive Body Sheet in North America The Department of Justice announced today that it has filed a proposed final judgment with the U.S. District Court for the (...)

The US DoJ wins historic arbitration of a merger dispute forcing the merging parties to fully divest their entire aluminium auto body sheet operations in North America (Novelis / Aleris Corporation)
US Department of Justice - Antitrust Division (Washington)
Justice Department Wins Historic Arbitration of a Merger Dispute* Novelis Inc. Must Divest Assets to Consummate Transaction with Aleris Corporation The Department of Justice prevailed in a first-of-a-kind arbitration, which will resolve a civil antitrust lawsuit challenging Novelis’s proposed (...)

The US DoJ for the first time elects binding arbitration to resolve a merger challenge (Novelis / Aleris Corporation)
Gibson Dunn (Washington)
,
Gibson Dunn (Washington)
,
Gibson Dunn (Washington)
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On September 4, 2019, the U.S. Department of Justice’s Antitrust Division filed a complaint in the Northern District of Ohio challenging Novelis Inc.’s proposed (...)

The US DoJ agrees to refer the product market definition to binding arbitration (Novelis / Aleris Corporation)
Jones Day (Washington DC)
,
Jones Day (Washington DC)
,
American Express (New York)
For the first time in history, DOJ’s Antitrust Division plans to use binding arbitration to resolve an important element of a merger challenge. As part of its lawsuit to block the proposed acquisition of Aleris Corporation by Novelis Inc., the parties and DOJ agreed to resolve the issue of (...)

The US DoJ submits a market definition question to the binding arbitration (Novelis / Aleris Corporation)
Constantine Cannon (San Francisco)
MERGERS AND ACQUISITIONS, MARKET DEFINITION, UNITED STATES OF AMERICA, ARBITRATION, ALUMINUM FOR AUTOMOTIVE APPLICATIONS* On September 4, 2019, the United States Department of Justice’s Antitrust Division sued to block Novelis, Inc.’s acquisition of Aleris Corporation, alleged to be a “new and (...)

The US DoJ provides details on the use of arbitration to resolve a challenge to a proposed acquisition in the market of the aluminium sheet (Novelis / Aleris Corporation)
Jones Day (Washington DC)
,
American Express (New York)
,
Jones Day (Washington DC)
In Short: The Situation: The United States Department of Justice Antitrust Division ("DOJ") has provided details on the unprecedented use of arbitration to resolve its challenge to the proposed acquisition of Aleris Corporation by Novelis Inc. The Significance: Companies now have greater (...)

The US DoJ agrees to use binding arbitration to resolve merger disputes for a new approach in antitrust enforcements (Novelis / Aleris Corporation)
Constantine Cannon (New York)
DOJ AGREEMENT TO USE BINDING ARBITRATION TO RESOLVE MERGER DISPUTE COULD HERALD NEW APPROACH IN ANTITRUST ENFORCEMENT* Federal antitrust enforcers may be increasingly looking to arbitrators—instead of federal courts—to be the arbiters of competition law if a new approach in enforcement takes (...)

State Aid

The EU General Court annuls a State aid decision from the Commission concerning the food production sector in Romania (Micula)
Van Bael & Bellis (Brussels)
On 18 June 2019, the General Court of the European Union (the “General Court”) handed down its long-awaited judgment in the Micula case (Cases T-624/15, T-694/15 and T-704/15, European Food and Others v Commission, EU:T:2019:423). The case finds its origins in the investment made by the Miculas, (...)

The EU General Court annuls the Commission’s State aid decision on the basis that it lacked jurisdiction to implement relevant law in a situation where all relevant facts have taken place before Romania’s accession to the EU (Micula)
DG ENERGY (Luxembourg)
The Micula case has been used by the opponents of investment treaty arbitration to argue that such arbitration circumvents and breaches EU State aid law. The Micula case was initially about the judicial review of the withdrawal of individual incentives granted to the investor and withdrawn by (...)

Procedures

The Chinese Supreme Court clears its stance on arbitration clauses and states that the jurisdiction of courts over antitrust civil disputes cannot be excluded
AnJie Law (Beijing)
,
AnJie Law (Beijing)
CHINA’S SUPREME COURT ENUNCIATED THE NON-ARBITRABILITY OF ANTITRUST CIVIL DISPUTES* For a few years, the topic of whether antitrust civil disputes could be arbitrable had been hotly debated in China. There were few precedents in connection with this issue for people to better understand what (...)

The Regional Court of Dortmund holds that standard arbitration agreements apply to cartel damages actions if and when the alleged conduct coincides with a breach of contract deviating from the EU Court of Justice foreseeability theory established for jurisdiction clauses (C. / N.)
Hogan Lovells (Munich/Frankfurt)
,
Hogan Lovells (Munich/Frankfurt)
1. Introduction The question of whether cartel damages claims can be tried in arbitration under so-called ’standard’ arbitration agreements – meaning not explicitly referencing tortious or even specifically antitrust damages claims – has recently been the subject of much debate. Regarding (...)

The French Supreme Court holds that a jurisdiction or arbitration clause cannot be used by foreign undertakings to discard the application of provisions on unfair trade practices when the action is brought by the Minister of the economy (Apple)
French Competition Authority (Paris)
In a recent decision, the French Supreme Court had to decide whether or not a jurisdiction clause or an arbitration clause could be used by foreign companies to discard the application of French law enforcement concerning unfair trade practices, e.g. Article L. 442-6 of the Commercial Code. (...)

The Swedish Supreme Court rejects a claim for annulment of an arbitration award without assessing the formal matter of the legislation on which the award was based (Systembolaget / Absolut)
Klarna (Stockholm)
The Swedish Supreme Court rejected, on 17 June 2015, a claim for annulment of an arbitration award. The claimant, Systembolaget Aktiebolag (“Systembolaget”) contended that the arbitration panel had misinterpreted the competition rule and that the legal issue of the case did not fall within the (...)

Regulatory

The Australian Federal Court decides that the Competition Authority cannot hear or determine disputes on agreed terms and conditions in relation to network access charges leading the Authority to cease arbitration of these matters (Telstra Corporation / Vocus Fibre)
Australian Competition and Consumer Commission (Canberra)
ACCC ceases arbitrations following court decision* The Full Federal Court has handed down its decision on a judicial review application originally commenced by Telstra on 3 January 2014. Telstra sought review of the Australian Competition and Consumer Commission’s jurisdiction to arbitrate (...)

All issues

  • Latest News issue 
  • All News issues
  • Latest Special issue 
  • All Special issues