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Arbitration and Antitrust: An overview of EU and national case law

I. Preliminary remarks The analysis of the EU and national reported case law on arbitration of EU competition law disputes shows that the majority of disputes originate from arbitration clauses contained in horizontal [1] or vertical agreements [2] and that arbitral tribunals are requested to assess whether such agreements comply with Article 101 TFEU and/or the equivalent national provisions or, in a few cases, with Article 102 TFEU [3] and State Aid rules [4]. National courts mainly check at the stage of enforcement of arbitral awards whether arbitrators have correctly applied EU and national antitrust provisions, while occasionally they address the validity of arbitral agreements and jurisdiction. In practice, arbitration is normally used for contractual rather than for tortious

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Stefania Bariatti, Arbitration and Antitrust: An overview of EU and national case law, 10 July 2012, e-Competitions Arbitration & Antitrust, Art. N° 67666

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