ARTICLES: COMPETITION AUTHORITIES - ARBITRATION - OCDE - COMPETITION POLICY - PUBLIC ENFORCEMENT - PRIVATE ENFORCEMENT
Arbitration and competition law
Competition authorities have recently discovered arbitration. OCDE’s Competition Policy Committee orgnanized in October 2010 a session on this topic. Arbitration may be used in two different contexts. In the field of private enforcement, arbitral tribunals may have the same role as ordinary courts, as soon as there is a an arbitration convention, but they also may be used to monitor commitments in the field of public enforcement
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1. The present report is intended to provide an overview of the relationship between arbitration and competition law for the benefit of competition authorities, members of the OECD Committee on Competition Policy, a subject that has also been the subject of numerous studies [1]. In view of the nationality of the rapporteur, this presentation will present an analysis based mainly on the situation in the European Union.
To begin with and to avoid any misunderstanding, it is important to return to the two terms of the subject: arbitration and competition law.
2. If we first think about the first term of the meeting, a difficulty arises from the different
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