The Arbitration as a Mechanism of Private Application of the Competition Law in the European System

By Ingrid S. Ortiz Baquero (Universidad Externado de Colombia)

This paper explores the problems faced in the development of arbitration in competition law matters, as well as the challenges that it must overcome after the implementation of a system of private enforcement of Articles 101 and 102 TFUE (ex arts. 81 and 82 TEC).’ by Regulation (EC) 1/2003. The new European legislation requires to retake the study and analysis of competition arbitration in order to establish whether the position, powers and role performed by the arbitrators in the system of private enforcement of competition law are identical to those of national courts of the Member States of the European Union, or not. It is also necessary to identify which, if any, mechanisms can arbitrators use to interact with administrative competition authorities in order to achieve a coherent and coordinated application of articles 101 and 102 of TFEU.

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