Since the Mitsubishi judgment, [1] the arbitrability of antitrust cases has become a standard admitted in most – if not all – jurisdictions. [2] A great number of books, articles and notes have been published on the subject. [3] Nevertheless, experience shows that several questions may still arise and that the parties should count not only on practitioners understanding the fundamentals of competition law but also on arbitrators being truly allergic to arguments of this type [4] or being simply incompetent in the matter. [5] Although merger control remains within the hands of competition authorities, some measures relating to the implementation of remedies may be close or even integrated into arbitration procedures. [6] I. Jurisdiction A. Mandatory jurisdiction Arbitral tribunals may
Share on
|
|
Arbitration and competition law: a mixed-motive game?
Access to this article is restricted to subscribers
Already Subscribed? Sign-in
Access to this article is restricted to subscribers.
Read one article for free
Sign-up to read this article for free and discover our services.
68 rue Amelot
106 West 32nd Street, Suite 144
New York, NY, 10001, USA
