EU and US Antitrust Arbitration. A Handbook for Practitioners
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.
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About the Authors.
Part I General.
Chapter 1 Arbitrability of Antitrust Law from the European and US Perspectives by Alexis Mourre
Chapter 2 Arbitration Clauses and Competition Law by Phillip Landolt
Chapter 3 Arbitrating Competition Law Issues: The Arbitrator's Perspective by V.V. Veeder and Paul Stanley
Chapter 4 Arbitrating Competition Law: The User's Perspective by Jean-Claude Najar
Chapter 5 Burden and Standard of Proof in Competition Law Matters Arising in International Arbitration by Phillip Landolt and Barbara Reeves Neal
Chapter 6 EU Competition Law Arguments in International Arbitration: Practical Steps and Strategic Considerations by Rolf Trittmann and Boris Kasolowsky
Chapter 7 The Use of Economic Evidence in Competition Law Arbitrations by Mike Walker
Chapter 8 Effective Use of Economic Experts in International Arbitration: Counsel's Role and Perspective by R. Wisner, J.W. Rowley, and A.N. Campbell
Chapter 9 The Role of the Expert Witness in Antitrust Arbitrations by Gordon Blanke and Thomas Eilmansberger
Chapter 10 The Supranational Dimension of Arbitrating Competition Law Issues within the EU by Gordon Blanke
Part II EU Competition Law.
Chapter 11 The Essentials of EU Competition Law for Arbitration Practitioners by John Davies and Constantine Partasides
Chapter 12 Arbitration and EU Competition Law in the Post-Modernization Era by Assimakis P. Komninos
Chapter 13 The Basis for Applying EU Competition Law from a Continental Perspective by Yves Derains
Chapter 14 The Basis for Applying Competition Law from an English Law Perspective By Julian D.M. Lew
Chapter 15 The Application of EU Competition Law in International Arbitration in Switzerland by Phillip Landolt
Chapter 16 The Ex Officio Application of European Competition Law by Arbitrators by Diederik de Groot
Chapter 17 Remedies in Arbitration for EU Competition Law Violations by Phillip Landolt
Chapter 18 Provisional Measures in Competition Law Matters before Arbitrators by Matti S. Kurkela
Chapter 19 Provisional Measures Concerning Competition Law in International Arbitration by Phillip Landolt and Barbara Reeves Neal*
Chapter 20 Authority and Influence in Arbitrations of Previous Decisions on EU Competition Law by Renato Nazzini
Chapter 21 Assistance by the European Commission and Member States Authorities in Arbitrations by Assimakis P. Komninos
Chapter 22 Court Review of Competition Law Awards in Setting Aside and Enforcements Proceedings by Luca G. Radicati di Brozolo
Chapter 23 EU Member State Court Application of Eco Swiss : Review of the Case Law and Future Prospects by Christoph Liebscher
Chapter 24 EU Member State Court Experience in Applying EU Competition Law under Modernization by Christopher J. Cook
Chapter 25 Parallel Proceedings before the Tribunal and the Courts/Competition Authorities by Renato Nazzini
Chapter 26 Arbitrating EU Competition Law in the Communications Sector in Europe by Emanuela Lecchi
Chapter 27 Arbitrating Competition Law Matters in Pharmaceutical Markets by Ian Forrester and KatarzynaCzapracka
Chapter 28 Arbitrating EU State Aid Issues by Leigh Hancher
Chapter 29 Arbitrating Competition-Law-Related Issues under Articles 3(1)(b) TFEU, 4(3) TEU, and 106 TFEU by Piet Jan Slot
Chapter 30 International Arbitration and ADR in Remedy Scenarios Arising under Articles 101 and 102 TFEU by Gordon Blanke
Chapter 31 Arbitration and Criminal Liability for Competition Law Violations in Europe by Pierre Heitzmann
Volume 2 Part III US Antitrust Law.
Chapter 32 The Essentials of US Antitrust Law for Arbitration Practitioners by Andrew L. Foster and Peter E. Greene
Chapter 33 The Basis for Applying Antitrust Law from a US Perspective by Mark R. Joelson
Chapter 34 The Arbitration of Antitrust Class Actions under United States Law by James R. Atwood and Kelly P. Finley *
Chapter 35 The Ex Officio Application of US Antitrust Law by Arbitrators by Mark R. Joelson
Chapter 36 Remedies in Arbitration for US Antitrust Violations by Michael D. Blechman and Karin E. Garvey
Chapter 37 Interim Measures in Antitrust Matters before Arbitrators by Casey Dwyer and Peter E. Greene
Chapter 38 The Effect of a Government Judgment on Subsequent Private Antitrust Actions
Chapter 39 US Enforcement Issues and US Antitrust Law by Richard Levin and C. Jeffrey Price
Chapter 40 Parallel Proceedings before the Arbitral Tribunal and the Courts by Don Baker
Chapter 41 Arbitrating US Antitrust Law in Pharmaceuticals Markets by John M. Townsend and Robert P. Reznick
Chapter 42 Alternative Dispute Resolution and Federal Trade Commission Antitrust Enforcement by William Blumenthal and James D. Hurwitz
Chapter 43 Arbitration and Criminal Liability for US Antitrust Law Violations by Charles Adams and Eric Stock
Chapter 44 Possible Rules to Enhance the Effectiveness of Arbitration of US Antitrust Claims by Don Baker
Part IV Arbitration in Merger Control.
Chapter 45 Essentials of EU Merger Control for Arbitration Practitioners by John Cook
Chapter 46 International Arbitration and ADR in Conditional EU Merger Clearance Decisions by Gordon Blanke
Chapter 47 Arbitration in Merger Control Remedies: Lessons from the Canadian Experience by J. William Rowley, A. Neil Campbell, and Jonathan Hood
Chapter 48 Arbitration in US Antitrust Enforcement by Daniel H. Margolis and Kenneth M. Vorrasi
Part V Institutional Antitrust Arbitration
Chapter 49 Antitrust Arbitration under the ICC Rules by Gordon Blanke
Annex I Table on Commission's Experience of Arbitration in Exemption Decisions Under Article 81(3) EC (Article 101(3) TFEU)
Annex II Table on Conditional EU Merger Clearance Decisions Incorporating Arbitration Commitments Over the Period 1992–2009
Annex III Table on ICC Arbitration Awards Involving Antitrust Issues Over the Period 1964–2010.
Cumulative Table of Legislation.
Cumulative Table of Cases.
Cumulative Table of Awards.
Table of EU Commission Decisions.