Arbitrating Antitrust and Merger Control Issues

Has the European Commission somehow “re-discovered” the virtues of and advantages offered by the arbitral process as an effective means of monitoring compliance with ongoing and future commitments imposed on the parties? Does the Commission appropriately make use of the complementary function as may be assumed by arbitral tribunals? Do we see a new era emerging in the field of international arbitration? And to what extent is this an arbitration sui generic, or a regulatory arbitration?

Out of the content:

• An Inventory of Salient Issues in Antitrust Arbitration
• Flash-lights on the New EC Regulation 1/2003
• The Current 2002/2003 Reform of the EC Merger Regulation in the Light of the Most Recent Cases
• A Review of 30 Commission Decisions Providing for Arbitration for the Purpose of Monitoring Behavioural Commitment Critical Analysis of the Solutions Adopted so Far 
• Reflection on Best Practices and Draft Standard Models for the Commitment to Arbitrate Behavioural Undertakings as well as for the Arbitrator’s Mandate
• Improving the Process: The MTF and the Arbitrator Working as a Unique and Complementary Tandem