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
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.
FOREWORD, TABLE OF ABBREVIATIONS, TABLE OF EU CASE LAW
CHAPTER 1 –
INTRODUCTION I. Competition Law in the EU Legal Order II.
Arbitration III. Why this Book? IV. Scope of this Book V.
A Note on Terminology VI. Topography of EC Competition Law
CHAPTER 2 – THE OBJECTIVES OF COMPETITION LAW I. The
Hallmarks of Modern Competition Law II. EC Competition Law as a System
of Modern Competition
Law CHAPTER 3 – THE ENFORCEMENT OF COMMUNITY LAW I.
Relations between Community Law and Member State Law II. Modernisation
CHAPTER 4 – THE CONTENT OF EC COMPETITON LAW I.
The Relationship between Article 81 EC and Articles 82 EC 43 vi Modernised EC
Competition Law in International Arbitration II. Article 81 EC 44
III. Article 82 EC IV. Member State Government-Sponsored
Distortions to Competition V. EC Competition Law and Sectoral
CHAPTER 5 – ARBITRABILITY I. Powers of an Arbitral Tribunal to
Decide Material Issues II. Applicable Law III. Arbitrability
under Surveyed States’ Law IV. Competition Law
CHAPTER 6 – THE APPLICATION OF
MANDATORY NORMS I. Overview II. Mandatory Norms in the Conflicts of
Law System III. Must Arbitrators Raise Mandatory Norms of their Own
CHAPTER 7 – TAKING EC COMPETITION LAW
SERIOUSLY I. Competition Law as Mandatory Norms II. The Application
of EC Competition Law III. The Imperativity Assessment by Arbitral
Tribunals IV. Are Arbitrators under an Obligation to Apply EC
Competition Law of their own Motion? V. The Supplementary Application
of the Lex Arbitrii and the Lex Causae CHAPTER
8 – EC COMPETITION LAW ASSISTANCE IN INTERNATIONAL ARBITRATION I.
Non-mandatory Statements of EC Competition Law II. Influence on
Arbitral Tribunals of other Bodies’ prior Applications of Legal Norms
III. Arbitration Tribunals’ Treatment of Prior Determinations on EC
Competition Law IV. Effect on arbitral Proceedings of Contemporaneous
Proceedings before other Bodies V. Intervention of Commission and
Member State Competition Authorities in Arbitration Proceedings
CHAPTER 9 – OVERVIEW OF SUBSTANTIVE ANALYSIS IN
PRACTICE I. Gathering Evidence II. Market Power – A Foundational
Concept III. Determinations
CHAPTER 10 – LEGAL RELIEF I. Public and Private
Enforcement of EC Competition Law II. Burden of Proof III.
Standard of Proof IV. Time Barring V. Provisional Measures VI.
Severance VII. Damages VIII. Restitution, BIBLIOGRAPHY, INDEX