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Actions under Articles 101 and 102 TFEU in International Arbitration – Some Initial Guidance

Gordon Blanke

(2010) 22 SAcLJ 539

Abstract:
This article discusses the enforcement of EU competition law claims before arbitration fora as an alternative to litigation. Arbitration as an alternative means of enforcement is often underrated in this context, but should not be. As such, arbitration is a private law complement to existing regimes of public enforcement of antitrust infringements by national and supranational competition authorities. As will be demonstrated in the following, arbitral tribunals are particularly competent to hear competition law disputes and to enforce private parties’ rights under EU competition law by facilitating the award of private law remedies, which are not available to the European Commission.