Modernised EC Competition Law in International Arbitration

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Kluwer Law International B.V., 2006 M01 1 - 365 pages
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This very useful guide offers a convenient one-volume analysis of the expectations and requirements of the Community legal order upon international arbitration, as well as a dependable source of answers to the EC competition law questions which arbitration practitioners will ordinarily be faced with. It provides counsel and arbitrators with a basis upon which to identify and manage competition law issues arising in international arbitrations, with detailed coverage of such matters as:

the main features of EC competition law; enforcement of EC competition law and the place of international arbitration in this enforcement; the relevant interrelations between arbitration proceedings and the European Commission, Member State competition authorities, and Member State courts; the roles of important players on litigation teams dealing with EC competition law questions; relevant economic concepts; particular matters under Dutch, English, French, German and Swiss law, including private remedies; and the application of mandatory norms by arbitration tribunals.

With clear references to all materials relevant to EC competition law questions ordinarily arising in international arbitrations, this book will be of interest to international litigation practitioners in Europe and globally, in particular arbitrators and arbitration counsel, as well as to EC competition law practitioners. Law makers and regulators will also find here a valuable perspective on shaping the future relationship between arbitration and competition law.

Phillip Landolt is a member of the Bars of England and Wales and Ontario, Canada. With a doctorate in the civil law of obligations, he is also a registered foreign lawyer in Geneva, Switzerland, where he practises international arbitration with the law firm Tavernier Tschanz (www.taverniertschanz.com). He has post-graduate academic qualifications in EC competition law, and practised EU and competition law for over three years in London and Brussels before relocating back to Geneva to resume his international arbitration practice.

 

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Contents

INTRODUCTION
1
THE OBJECTIVES OF COMPETITION LAW
19
The Dual Objectives of EC Competition Law
25
THE ENFORCEMENT OF COMMUNITY LAW
33
THE CONTENT OF EC COMPETITON LAW
43
ARBITRABILITY
89
Comparison with Arbitrability of Competition Law under US Federal
96
THE APPLICATION OF MANDATORY NORMS
105
The Origin of the EU Norm within the Community Legal Order
209
Application of Hard Core Prohibition More Compelling
215
The Imperativity Assessment by Arbitral Tribunals
221
Are Arbitrators under an Obligation to Apply EC Competition Law of their own Motion?
229
EC COMPETITION LAW ASSISTANCE IN INTERNATIONAL ARBITRATION
237
Factors Affecting Degree of Arbitration Tribunals Reliance on Prior Determinations
247
B Authority of EC Competition Law Decisions under Member State
250
Application to Arbitral Tribunals
256

Proper Role of Party Will in the Application of Mandatory Norms
111
B The Application of Mandatory Norms by Courts
118
e Rome Convention Treatment of Foreign Mandatory Norms Reflects Widely Accepted Principles
124
E Proper Approach to the Application of EC Competition Law by Arbitration Tribunals
139
Unsystematic and Virtually Adventitious Nature of Judicial Jurisdiction to Interfere with Arbitration Awards
144
Unenforceable Duty on Arbitrators
154
TAKING EC COMPETITION LAW SERIOUSLY
161
b The Effect on Trade Guidelines
179
The EUs Policy on Application of EC Competition Law
186
Similarity of Issues
263
The Nature of the Decision
269
Intervention of Commission and Member State Competition Authorities in Arbitration Proceedings
278
OVERVIEW OF SUBSTANTIVE ANALYSIS IN PRACTICE
295
b Econometrics
303
LEGAL RELIEF
323
BIBLIOGRAPHY
353
INDEX
363
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