CASE COMMENTS: EUROPEAN AND INTERNATIONAL LAW – USA – MERGER – ARBITRATION – MARKET DEFINITION

United States: The Antitrust Division of the Department of Justice for the first time in its history uses arbitration to challenge merger between two suppliers of aluminium car body manufacturer under the Administrative Dispute Resolution Act of 1996 (Novelis / Aleris)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Since the Supreme Court's 1985 decision in Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, 473 U.S. 614 (1985), the question of whether antitrust law and arbitration form an impossible couple no longer arises. The decision had clearly answered this question by stating, inter alia, that "once [the parties] have agreed that an arbitral body will have to decide a defined set of claims including, as in this case, those involving the application of U.S. antitrust law, the same tribunal will be ... bound to decide the dispute with the domestic law giving rise to the claim. With this decision, the Supreme Court had put an end to the American Safety

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  • University of Grenoble Alpes

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Walid Chaiehloudj, United States: The Antitrust Division of the Department of Justice for the first time in its history uses arbitration to challenge merger between two suppliers of aluminium car body manufacturer under the Administrative Dispute Resolution Act of 1996 (Novelis / Aleris) , 4 September 2019, Concurrences N° 4-2019, Art. N° 92414, pp. 204-206

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