Arbitration and EU Competition Law

49 Pages Posted: 13 Dec 2009 Last revised: 19 Jul 2010

Date Written: April 12, 2009


Any discussion of application of EU competition rules by courts cannot ignore arbitration. We examine, first, the historical dimension of the position of arbitration in the context of competition law enforcement, second, the powers of arbitrators to apply EU competition law, third, the private international law questions pertaining to the main theme, fourth, the links between arbitration and competition authorities (notably the European Commission), and finally, the question of the review of arbitral awards on public policy grounds, which remains an appropriate final safeguard and ensures a balanced relationship between arbitration and competition law enforcement.

Keywords: arbitration, EU competition law

JEL Classification: K21, K33, K41, K42

Suggested Citation

Komninos, Assimakis, Arbitration and EU Competition Law (April 12, 2009). Available at SSRN: or

Assimakis Komninos (Contact Author)

White & Case LLP ( email )

Rue de la Loi 62

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