Modernised EC Competition Law in International Arbitration

Front Cover
Kluwer Law International B.V., 2006 M01 1 - 365 pages

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.

 

Contents

INTRODUCTION
1
THE OBJECTIVES OF COMPETITION
19
THE ENFORCEMENT OF COMMUNITY
33
The Two Horizontal Cooperation Block Exemptions
57
The Vertical Restraints Block Exemption
66
The Technology Transfer Guidelines
72
Member State GovernmentSponsored Distortions to Competition
82
ARBITRABILITY
89
B Complications under EU Law in Discerning which of its Norms are
184
Peterbroeck
194
The Imperativity Assessment by Arbitral Tribunals
221
Are Arbitrators under an Obligation to Apply EC Competition Law
229
Modernisation
237
Factors Affecting Degree of Arbitration Tribunals Reliance
247
THE CONTENT OF EC COMPETITON
256
OVERVIEW OF SUBSTANTIVE ANALYSIS IN PRACTICE
295

THE APPLICATION OF MANDATORY NORMS
105
Mandatory Norms in the Conflicts of Law System
112
1
161
Respective Application of EC and Member State Competition
172
Competition Law Within the Community Legal Order
174
H Distortions to Competition
319
BIBLIOGRAPHY
353
INDEX
363
Copyright

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