EU and US Antitrust Arbitration
A Handbook for Practitioners
1st Edition
Published on 24. February 2011
Book
Hardback
2252 pages
978-90-411-2760-0 (ISBN)
Description
EU and US Antitrust Arbitration is the first book that deals with how both of the world's leading antitrust systems, US and EU law, are treated in international arbitration.
In forty-nine chapters written by renowned experts, this book provides an in-depth examination of all relevant topics, from drafting arbitration clauses, to arbitrability, provisional measures, the applicability of antitrust law in arbitrations, dealing with economic evidence and experts in relation to antitrust law, to relations with courts and regulators, remedies, and recognition and enforcement of arbitration awards dealing with antitrust issues. Both antitrust and merger control are covered.
The perspectives of the arbitrator and the in-house "user" of arbitration are included. Two chapters outline and explain US antitrust law and EU antitrust law with special reference to matters particularly likely to arise in arbitration. One chapter is devoted to ICC antitrust arbitrations and another to the emerging area of EU State aids in arbitration. There are industry-specific chapters, such as on telecommunications and pharmaceuticals, and much else. In this substantial book, practitioners will find helpful and easy-to-understand guidance to their questions on antitrust arbitrations.
In forty-nine chapters written by renowned experts, this book provides an in-depth examination of all relevant topics, from drafting arbitration clauses, to arbitrability, provisional measures, the applicability of antitrust law in arbitrations, dealing with economic evidence and experts in relation to antitrust law, to relations with courts and regulators, remedies, and recognition and enforcement of arbitration awards dealing with antitrust issues. Both antitrust and merger control are covered.
The perspectives of the arbitrator and the in-house "user" of arbitration are included. Two chapters outline and explain US antitrust law and EU antitrust law with special reference to matters particularly likely to arise in arbitration. One chapter is devoted to ICC antitrust arbitrations and another to the emerging area of EU State aids in arbitration. There are industry-specific chapters, such as on telecommunications and pharmaceuticals, and much else. In this substantial book, practitioners will find helpful and easy-to-understand guidance to their questions on antitrust arbitrations.
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Gordon Blanke Landolt
EU and US Antitrust Arbitration
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01/2011
Kluwer Law International
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Content
Volume I. Part I. General Chapter 1 Arbitrability of Antitrust Law from the European and US Perspectives Chapter 2 Arbitration Clauses and Competition Law Chapter 3 Arbitrating Competition Law Issues: The Arbitrator's Perspective Chapter 4 Arbitrating Competition Law: The User's Perspective 119 Chapter 5 Burden and Standard of Proof in Competition Law Matters Arising in International Arbitration Chapter 6 EC Competition Law Arguments in International Arbitration: Practical Steps and Strategic Considerations Chapter 7 The Use of Economic Evidence in Competition Law Arbitrations Chapter 8 Effective Use of Economic Experts in International Arbitration: Counsel's Role and Perspective Chapter 9 The Role of the Expert Witness in Antitrust Arbitrations Chapter 10 The Supranational Dimension of Arbitrating Competition Law Issues within the EU Part II EU Competition Law. Chapter 11 The Essentials of EU Competition Law for Arbitration Practitioners Chapter 12 Arbitration and EU Competition Law in the Post-Modernization Era Chapter 13 The Basis for Applying EC Competition Law from a Continental Perspective Chapter 14 The Basis for Applying Competition Law from an English Law Perspective Chapter 15 The Application of EC Competition Law in International Arbitration in Switzerland Chapter 16 The Ex Officio Application of European Competition Law by Arbitrators Chapter 17 Remedies in Arbitration for EU Competition Law Violations Chapter 18 Interim Measures in Competition Law Matters before Arbitrators Chapter 19 Provisional Measures Concerning Competition Law in International Arbitration Chapter 20 Authority and Influence in Arbitrations of Previous Decisions on EU Competition Law Chapter 21 Assistance by the European Commission and Member States Authorities in Arbitrations Chapter 22 Court Review of Competition Law Awards in Setting Aside and Enforcements Proceedings Chapter 23 EU Member State Court Application of Eco Swiss: Review of the Case Law and Future Prospects Chapter 24 EU Member State Court Experience in Applying EC Competition Law under Modernization Chapter 25 Parallel Proceedings before the Tribunal and the Courts/Competition Authorities Chapter 26 Arbitrating EC Competition Law in the Communications Sector in Europe Chapter 27 Arbitrating Competition Law Matters in Pharmaceutical Markets Chapter 28 Arbitrating EU State Aid Issues Chapter 29 Arbitrating Competition-Law-Related Issues under Articles 3(1)(b) TFEU, 4(3) TEU, and 106 TFEU Chapter 30 International Arbitration and ADR in Remedy Scenarios Arising under Articles 81 and 82 of the EC Treaty [101 and 102 TFEU] Chapter 31 Arbitration and Criminal Liability for Competition Law Violations in Europe Volume 2. Part III US Antitrust Law. Chapter 32 The Essentials of US Antitrust Law for Arbitration Practitioners Chapter 33 The Basis for Applying Antitrust Law from a US Perspective Chapter 34 The Arbitration of Antitrust Class Actions under United States Law Chapter 35 The Ex Officio Application of US Antitrust Law by Arbitrators Chapter 36 Remedies in Arbitration for US Antitrust Violations Chapter 37 Interim Measures in Antitrust Matters before Arbitrators Chapter 38 The Effect of a Government Judgment on Subsequent Private Antitrust Actions Chapter 39 US Enforcement Issues and US Antitrust Law Chapter 40 Parallel Proceedings before the Arbitral Tribunal and the Courts: Both a Challenge and an Opportunity Chapter 41 Arbitrating US Antitrust Law in Pharmaceuticals Markets Chapter 42 Alternative Dispute Resolution and Federal Trade Commission Antitrust Enforcement Chapter 43 Arbitration and Criminal Liability for US Antitrust Law Violations Chapter 44 Looking Ahead: Possible Rules to Enhance the Effectiveness of Arbitration of US Antitrust Claims Part IV Arbitration in Merger Control. Chapter 45 Essentials of EC Merger Control for Arbitration Practitioners Chapter 46 International Arbitration and ADR in Conditional EU Merger Clearance Decisions Chapter 47 Arbitration in Merger Control Remedies: Lessons from the Canadian Experience Chapter 48 Arbitration in US Antitrust Enforcement Chapter 49 ICC Antitrust Arbitrations Annex 1. Annex 2 Table of Cases. Table of Legislation.