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
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Arbitration and competition law: a mixed-motive game?
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