Saturday, December 19, 2009
Posted by D. Daniel Sokol
Assimakis Komninos (Hellenic Competition Commission) explains Arbitration and EU Competition Law in a Multi-Jurisdictional Setting.
ABSTRACT: Any discussion of application of EU competition rules by courts cannot ignore arbitration. We examine, first, the historical dimension of the position of arbitration in the context of competition law enforcement, second, the powers of arbitrators to apply EU competition law, third, the private international law questions pertaining to the main theme, fourth, the links between arbitration and competition authorities (notably the European Commission), and finally, the question of the review of arbitral awards on public policy grounds, which remains an appropriate final safeguard and ensures a balanced relationship between arbitration and competition law enforcement.