Glossary of competition terms

This Glossary is based on definitions from DG COMP’s Glossary of terms used in EU competition policy (© European Union, 2002) and the OECD’s Glossary of industrial organisation economics and competition law (© OECD, 1993). Each term is enriched with references of EU and national case laws from the e-Competitions Bulletin and Concurrences Review.

Arbitration

Since the Mitsubishi judgment, the arbitrability of antitrust cases has become a standard admitted in most – if not all – jurisdictions. A great number of books, articles and notes have been published on the subject. 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 or being simply incompetent in the matter. 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. Excerpt from Christian Bovet in the e-Competitions special issues "Arbitration & Antitrust"

Glossary