Dear Readers, This month’s Antitrust Chronicle looks at the intersection of arbitration and competition law in the EU and internationally. Over the recent few years, arbitration has developed into a means for private enforcement of EU competition law claims. Although some early case law showed a certain reluctance to make use of arbitration clauses in […]
By Dr. Gordon Blanke – Over the past twenty to twenty-five years, arbitration has developed into a reliable forum for the private enforcement of EU competition law claims. Following the CJEU’s seminal ruling in Eco Swiss, competition arbitrability has become a fait accompli across the majority of EU Member State jurisdictions. The adoption of Regulation […]
By William Towell – Competition damages claims have become increasingly prevalent in recent years, with businesses and individuals looking to recover losses suffered as a result of anticompetitive behavior. In this article, I discuss the tactical considerations of pursuing such claims in the EU, analyze the different forums that aggrieved parties may consider, and examine […]
By Yves Botteman & Camille Keres – This article examines under which circumstances claimants may rely on arbitration clauses – contained in commercial contracts that they would have entered into with defendants – to bring antitrust damage claims. While the early case law showed reluctance to make use of arbitration clauses in the context of […]
By Alexandra K. Theobald – Arbitrating competition law claims poses unique evidentiary challenges, but may nevertheless be advantageous from a confidentiality perspective. This article analyzes who is likely to possess relevant documents and information related to competition law claims, and considers how parties might obtain such evidence in arbitration. This is contrasted to mechanisms that […]
By Vera Korzun – National courts and arbitration laws around the globe have long proclaimed that antitrust claims are arbitrable, that is they can be submitted to and resolved in arbitration. The number of antirust arbitrations has reportedly grown in recent years, providing a feasible route for private enforcement of antitrust laws. This paper focuses […]
By Emilio Paolo Villano – The Private Enforcement Directive, and the laws of EU Member States transposing it, have provided a set of instruments to make claims for the compensation of damages deriving from the infringement of competition law rules easier and more expedite. The Directive was, however, not drafted with arbitration in mind. Thus, […]
By Dr. Hubert Orso Gilliéron & Jean Marguerat – This article discusses the possibility for parties to formulate competition law claims in arbitration proceedings in Switzerland. It confirms that competition law claims can be arbitrated and that arbitration may be a valid option available to the parties even if the parties to a dispute did […]
Dear Readers, On June 25, 2018, the Supreme Court sided in a 5-4 decision with American Express in a lawsuit over rules it imposes on merchants who accept its cards. The Supreme Court’s decision in Ohio v. American Express addressed a number of important issues concerning multisided platforms: for instance, whether each side of a […]
…with Alden Abbott & Bruce Hoffman – In this month’s edition of CPI Talks we have the pleasure of speaking with Alden Abbott & Bruce Hoffman of the Federal Trade Commission (“FTC”). Alden Abbott is the General Counsel of the FTC. As the Commission’s chief legal officer and adviser, the General Counsel represents the agency in […]