EU and US Antitrust Arbitration. A Handbook for Practitioners

With around 50 chapters dealing with all aspects of antitrust law and competition law written by experts in the field, this book is the first, English-language book on competition law and arbitration covering both US antitrust and EC competition law. The book will provide an indepth examination of all relevant aspects across the field. Rather than just flagging issues, it will provide workable guidance on how practitioners can solve them. Individual chapters will be written by recognised specialists. The book will be set up to ensure that competition law and arbitration practitioners understand the issues at hand. For example, the economic evidence in the competition law arbitrations chapter will detail the particularities of arbitration vis-a.-vis litigation before courts. This will ensure the practical relevance of the title for both fields. Lastly, there will be chapters dealing with specific industrial sectors which feature heavily in arbitration and where competition law issues arise frequently: oil and gas, telecoms and pharmaceuticals.

About the Authors Foreword Preface Abbreviations 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 Katarzyna Czapracka 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 Annexes 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 Bibliography Cumulative Table of Legislation Cumulative Table of Cases Cumulative Table of Awards Table of EU Commission Decisions Cumulative Index.